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HomeMy WebLinkAboutWestern Pump Inc; 2024-11-19; PSA25-3616FLTPSA25-3616FLT City Attorney Approved Version 5/22/2024 Page 1 AGREEMENT FOR AS NEEDED SHOP EQUIPMENT SERVICES WESTERN PUMP, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2024, by and between the City of Carlsbad, California, a municipal corporation ("City") and Western Pump, Inc., a California corporation ("Contractor”). RECITALS City requires the services of a consultant that is experienced in repairs and services. Contractor has the necessary experience in providing these services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City 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 one (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed nine thousand three hundred fifty dollars ($9,350). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non-productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification- subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B 19th November PSA25-3616FLT City Attorney Approved Version 5/22/2024 Page 2 It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 5. PREVAILING WAGE RATES Any construction, alteration, demolition, repair, and maintenance work, including work performed during design and preconstruction such as inspection and land surveying work, cumulatively exceeding $1,000 and performed under this Agreement constitute “public works” under California Labor Code section 1720 et seq. and are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute the contract, shall be those as determined by the Director of Industrial Relations pursuant to the Section 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of the California Labor code, a current copy of applicable wage rates is on file in the office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 6. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 7. INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed 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 willful misconduct or negligent act or omission 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. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B PSA25-3616FLT City Attorney Approved Version 5/22/2024 Page 3 8. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 9. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Esequiel Perez Name Tony Sansavera Title Supervisor Title Project Manager Department Public Works Address 3235 F St. City of Carlsbad San Diego, CA 92102 Address 2480 Impala Drive Phone No. 619-446-9031 Carlsbad, CA 92010 Email tonys@westernpump.com Phone No. 442-339-2192 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 10. CONFLICT OF 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 as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B PSA25-3616FLT City Attorney Approved Version 5/22/2024 Page 4 Name Email Phone Number 11. 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. 12. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 13. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 14. 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 the City of Carlsbad to terminate this Agreement. 15. JURISDICTIONS AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. 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. 16. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 17. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 18. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B PSA25-3616FLT City Attorney Approved Version 5/22/2024 Page 5 19. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. 20. 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. [signatures on following page] Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B PSA25-3616FLT City Attorney Approved Version 5/22/2024 Page 6 CONTRACTOR WESTERN PUMP, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Ryan E. Rethmeier, President (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Vania DeFrates, Secretary Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: _____________________________ Assistant City Attorney Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B PSA25-3616FLT City Attorney Approved Version 5/22/2024 Page 7 EXHIBIT A SCOPE OF SERVICES AND FEE SCOPE: 1.1 The City of Carlsbad Public Works Fleet Service Department has a requirement for as needed shop equipment maintenance, parts, and certification services. The Contractor must be able to provide services under the following categories: 1.1.1 Vehicle/Equipment Lifts 1.1.2 Hydraulics 1.1.3 Pneumatics 1.1.4 Compressed air systems 1.1.5 Fluid Distribution systems 1.1.6 Oil & Fuel Storage tanks 1.1.7 Exhaust Removal Systems 1.1.8 Equipment Repair (Including but not limited to tire balancers, alignment machines, brake lathes, A/C machines & Pressure washers) 1.1.9 Cranes 1.2 From the categories above, the Contractor shall be able to perform requested services which include, but are not limited to: 1.2.1 Annual service and safety inspections on all hoists, lifting equipment, and hydraulic pumps according to manufacturers' recommendations and the American National Standards Institute (ANSI)/The Automotive Lift Institute (ALI) "Standards for Automotive Lifts-Safety Requirements for Operation, Inspection and Maintenance." 1.2.2 Annual floor jack inspections/certifications per California Occupational Safety and Health Administration regulations compliance requirements. 1.2.3 Annual service and inspection on air compressors (oil changes and belt/coupler replacement). 1.2.4 Ensure the integrity of all underground and above ground hydraulic pumps, lines, and tanks (pressure test if applicable). 1.2.5 Service and maintain lube pumps, overhead reels, and associated lines. 1.2.6 After completion, provide records/logs of inspections and maintenance for services rendered. Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B PSA25-3616FLT City Attorney Approved Version 5/22/2024 Page 8 1.2.7 Hydraulic hoists (seals, posts, locks, reservoir, pumps, vault, and air & hydraulic lines, covers, etc.). 1.2.8 Fluid pumps and plumbing lines 1.2.9 Dispensers (motor oil, gear oil, and transmission fluid) 1.2.10 Inspection, service, and repair of: 1.2.10.1 - Steam pressure cleaner 1.2.10.2 - Tire changing machines 1.2.10.3 - Tire balancing machines 1.2.10.4 - Welding equipment 1.2.10.5 - A/C recharging 1.2.10.6 - Machines to include drill press and band saws 1.2.10.7 - Brake lathe equipment 1.2.10.8 - Pneumatic tools REQUIREMENTS: 1.3 The Contractor and all subcontractor(s) shall be in full and current compliance with all necessary permits, licenses, fees, assessments, and taxes that are mandated by applicable federal, state, local, and county governments and their agencies, boards, and commissions for doing business and providing the types of goods and/or services that the Contractor advertises and offers in its normal course of business. 1.4 The Contractor’s compliance shall have been current for a minimum of the past 12 months or since the Contractor first obtained a business license, if the Contractor has been in business for less than 12 months. 1.5 The Contractor and/or subcontractor shall not have been cited, noticed, or fined within the past 36 months for failing to maintain full and current compliance with necessary permits, licenses, fees, assessments, and taxes. The City reserves the right to request documentation confirming the Contractor’s compliance with this requirement. 1.6 The Contractor shall furnish all labor, material, equipment, tools, and other items necessary to accomplish the required repairs and services. OTHER REQUIREMENTS FOR TECHNICIANS: 1.7 Work shall only be performed by qualified technicians. 1.8 The Contactor shall ensure all technicians maintain required certifications. PARTS: 1.9 Proposed parts discount shall remain firm fixed through duration of contract. Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B PSA25-3616FLT City Attorney Approved Version 5/22/2024 Page 9 SERVICE PROCEDURE: 1.10 Contractor shall respond to requests for service within (1) business day of initial call request and shall have services available on-site within 48 hours of initial contractor 1.11 Contractor shall provide a response to initial request for estimate within one (1) business day of receipt of initial request. WORK ORDERS & INVOICING: 1.12 Contractor shall adhere to the following procedures to ensure prompt payment for services rendered. 1.13 Contractor shall not begin work on any equipment without first receiving a Work Order number provided by Fleet Services. 1.14 Work performed by Contractor that was not requested by Fleet Services, and that does not have a Work Order number will not be paid. 1.15 Contractor shall submit invoices for payment within 24 hours of work performance via fax 760-438-1532 or email to fleetinvoices@carlsbadca.gov 1.16 Invoices submitted for payment shall include a description of services performed, description of equipment being serviced, an itemized detail of labor and parts utilized, and reference all of the following: date and time of initial call request, and date and time of job completion, name of Fleet personnel requesting service. QUOTATIONS: 1.17 Vendors will provide, at request from Fleet Services, estimates for the installation, replacement, or repair of various equipment upon request. 1.18 Any maintenance repairs exceeding $1,000 will be done under a separate contract. Item of Work Rate Estimated QTY Not to Exceed Total Hourly labor rate for Service / Maintenance / Inspection / Certification / Installation and Repairs $145.00/hr 20 $6,200.00 Parts (20%Discount from List) N/A $2,400.00 Trip Charge $75.00 10 $750.00 Total Annual Not-To-Exceed Amount $9,350.00 Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/19/2024 10851 Western Pump, Inc. 3235 F Street San Diego, CA 92102 10120 27847 A 1,000,000 X EF4CE00062-241 4/1/2024 4/1/2025 100,000 Contractor Pollution 5,000 Deductible $10,000 1,000,000 2,000,000 2,000,000 1,000,000B EF4CA00323-241 4/1/2024 4/1/2025 $100 Comp.$1,000 Coll. 10,000,000A EF4XS00058-241 4/1/2024 4/1/2025 10,000,000 0 C X WSD505997903 4/1/2024 4/1/2025 1,000,000 Y 1,000,000 1,000,000 A Professional Liab EF4CE00062-241 4/1/2024 Claims Made:1,000,000 A Ded: $10k Per Claim EF4CE00062-241 4/1/2024 4/1/2025 Retro Date 5/10/2004 Excess Liability policy follows the General Liability, Contractors Pollution Liability, Professional Liability, Auto Liability & Employers Liability. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. RE: Contract No. PSA21-1510FLT City of Carlsbad/CMWD is named additional insured with respects to General Liability per the attached endorsement. Workers Compensation Waiver of Subrogation applies. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services PO Box 947 Murrieta, CA 92564 WESTPUM-02 FAUMI1 Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services 9655 Granite Ridge Drive, Ste 450 San Diego, CA 92123 Nick Marovich nickmarovich@gmail.com Everest Indemnity Insurance Co Everest National Insurance Co ICW (insurance Co. Of The West) X 4/1/2025 X X X X X X X X X X X X X Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I POLICY NUMBER: EF4CE00062-241 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 676 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 24 676 08 18 Copyright, Everest Reinsurance Company 2018 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) OrOrganization(s):Endorsement Number Blanket where required by written contract. Information required to complete this Schedule, if not shown above, shall read: “All person(s) or organization(s)included as additional insured through an endorsement(s) to this policy with the term “additional Insured” in its title. For person(s) or organization(s) listed in the Schedule above that are also included as an additional insured under an endorsement attached to this policy, the following is added to Paragraph 14. Other Insurance of Section IV – Conditions: If other valid and collectible insurance is available to an additional insured listed in the Schedule above for a “loss” we cover under this policy, this insurance will apply to such “loss” on a primary basis and we will not seek contribution from the other insurance available to the additional insured provided that you have specifically agreed in a written contract executed prior to the “loss” that this insurance must be primary and noncontributory with such other insurance issued directly to such additional insured. Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B POLICY NUMBER: EF4CE00062-241 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 670 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 24 670 08 18 Copyright, Everest Reinsurance Company 2018 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – DESIGNATED PERSON OR ORGANIZATION – ONGOING OPERATIONS This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): As required by written contract or agreement provided such contract was executed prior to the date of loss 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", “environmental damage” or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1.In the performance of your ongoing operations; or 2.In connection with your premises owned by or rented to you. All other terms and conditions of this Policy remain unchanged. Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B POLICY NUMBER: EF4CE00062-241 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 246710818 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 24 671 08 18 Copyright, Everest Reinsurance Company 2018 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Blanket where required by written contract 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 a “pollution incident” 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". All other terms and conditions of this Policy remain unchanged. Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -BLANKET WC 990634 (Ed. 8-00) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 2 % of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization ANY PERSON/ ORG WHEN REQUIRED BY WRITTEN CONTRACT Job Description ALL CA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The infonmtion below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04/01/2024 Policy No. WSD 5059979 03 Insured WESTERN PUMP, INC. Insurance Company INSURANCE COMPANY OF THE WEST WC 990634 (Ed. 8-00) Countersigned By INSURED Endorsement No. Premium $ INCL. -------------- Docusign Envelope ID: 3A129594-A31F-4E61-BED8-0A5348250A5B