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HomeMy WebLinkAboutNRC Environmental Services Inc; 2026-03-30; PSA26-3961FACPSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 1 AGREEMENT FOR AS-NEEDED HAZARDOUS WASTE TRANSPORTATION & DISPOSAL SERVICES NRC ENVIRONMENTAL SERVICES, INC. THIS AGREEMENT (“Agreement”) is made and entered into as of the ______________ day of _________________________, 2026, by and between the City of Carlsbad, California, a municipal corporation (“City”) and NRC Environmental Services, Inc., a Washington corporation (“Contractor”). RECITALS A.City requires the professional services of a consultant that is experienced in hazardous waste categorization, transportation and disposal services. B.Contractor has the necessary experience in providing professional services and advice related to hazardous waste categorization, transportation and disposal services. C.Contractor 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 in this Agreement, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (“Services”) that are defined in attached Exhibit “A,” which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective from the date first above written to April 6, 2027. The City Manager may amend the Agreement to extend it for four (4) additional one (1) year periods or parts of a year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed twenty-nine thousand nine hundred twenty-seven and sixty-five cents (29,927.65). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If City elects to extend the Agreement, the amount shall not exceed twenty-nine thousand nine hundred twenty-seven and sixty-five cents (29,927.65) per Agreement year. Payment terms are Net 30 unless otherwise provided in Exhibit “A” or agreed to in writing. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit “A.” Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E 30th March PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 2 Incremental payments, if applicable, should be made as outlined in attached Exhibit “A.” 6. PUBLIC WORKS 6.1 Prevailing Wage Rates. Any construction, alteration, demolition, installation, 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 Contractor 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. 6.2 DIR Registration. California Labor Code section 1725.5 requires Contractor and any subcontractor or subconsultant performing any public work under this Agreement to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code section 1725.5. Labor Code section 1771.1 provides that a contractor or subcontractor/subconsultant shall not be qualified to engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code section 1725.5. Prior to the performance of public work by any subcontractor or subconsultant under this Agreement, Contractor must furnish City with the subcontractor or subconsultant's current DIR registration number. 7. CONSTRUCTION MANAGEMENT SOFTWARE Procore Project Management and Collaboration System. This project may utilize the City’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. 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 City Engineer approves otherwise, 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. Contractor is responsible for obtaining Contractor’s own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to Contractor for use of Procore. It is recommended that 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, requests for information, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 3 efficiency, and productivity for all parties. The use of Procore for project management does not relieve Contractor of any other requirements as may be specified in this Agreement. 8. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to this Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 9. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 10. OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Services. 11. INDEMNIFICATION Contractor agrees to defend (with counsel approved by City), indemnify, and hold harmless City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described in this Agreement caused by any willful misconduct or negligent act or omission of 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 California Civil Code Section 2782.8), then, and only to the extent required by California Civil Code Section 2782.8, which is fully incorporated in this Agreement, 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 Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 4 for such claim, including the cost to defend, shall not exceed 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 City’s self-administered workers’ compensation program 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. 12. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have 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. 12.1 Coverage and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to City as an additional insured. 12.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 12.1.2 Automobile Liability. (If the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 12.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 12.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 12.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain via blanket-form endorsement to contain, the following provisions, the following provisions: Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 5 12.2.1 City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to City. 12.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 12.2.3 If Contractor maintains higher limits than the minimums shown above, City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to City. 12.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 12.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 12.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 12.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 13. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 14. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 15. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 16. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 6 17. 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 are: For City For Contractor Name Kevin Shotas Name Jennifer Le Title Safety Training Center Supervisor Title Project Manager Department Public Works Address 2950 Kurtz Street City of Carlsbad San Diego, CA 92110 Address 1635 Faraday Avenue Phone No. 619-235-3330 Carlsbad, CA 92008 Email Jle@republicservices.com Phone No. 442-339-5329 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. 18. 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. 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: Name Email Phone Number 19. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 7 20. 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. 21. DISCRIMINATION, HARASSMENT, AND RETALIATION PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination, harassment, and retaliation. 22. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 23. TERMINATION In the event of Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering thirty (30) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 24. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 8 Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 25. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code Sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 26. JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California without regard to, or application of, choice of law rules or principles. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 27. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 28. THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than City and Contractor. 29. 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. 30. 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. Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 9 31. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. [signatures on following page] Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 10 CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California NRC ENVIRONMENTAL SERVICES, INC., a Washington corporation By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Matthew Henry, Vice President (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Lauren McKeon, Secretary Deputy / Assistant 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: D565E06F-7557-4775-A07E-E5AA6E5FA71E ~ {t~ ~ "461A, PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 11 EXHIBIT A SCOPE OF SERVICES AND FEE Contractor agrees to provide as-needed hazardous waste transportation and disposal (HAZMAT) services to the City of Carlsbad’s Safety Training Center (STC) located at 5750 Orion Street, Carlsbad, CA 92010. The EPA identification number for this facility is: EPA (RCRA) ID# CAR000249193 Compensation for all services rendered will be made in accordance with the rates below. Compensation will be made on a time and materials basis not to exceed twenty-nine thousand nine hundred twenty- seven dollars and sixty-five cents ($29,927.65) per Agreement year. 1. Waste Services. Except as otherwise directed by Contractor, prior to any Waste management, handling or disposal, City must submit to Contractor for approval a completed waste product questionnaire, profile, manifest, or similar document describing Waste to be handled (“Waste Documentation”) and provide a representative sample (if Contractor requests). Contractor is not required to perform an exhaustive analysis of the Waste to identify its components, nor will any Contractor analysis relieve City of its responsibility to ensure the Waste conforms to the approved Waste Documentation. Contractor does not guarantee that it will accept any particular type of Waste upon receipt of Waste Documentation. • Title, Liability and Responsibility. Title, liability, and responsibility for Waste will pass to Contractor upon Contractor’s acceptance of the Waste at Contractor’s facility unless shipment of the Waste is the responsibility of Contractor, in which event title, responsibility and liability will pass upon delivery to, and acceptance by, Contractor at the commencement of shipment. Title, liability, and responsibility for Non-Conforming Waste will always remain with City, regardless of whether physical possession has passed to Contractor. Under no circumstances shall Contractor be deemed the generator of any Waste or other material managed under this Agreement. • Non-Conforming Waste. “Non-Conforming Waste” is any material that deviates from the description provided by City (including specifications set forth in the approved Waste Documentation) or any representative sample or supporting information or analyses, or that could alter the hazard, risk, or cost assumed by Contractor in performing the Services, or does not comply with applicable regulations, or that could cause Contractor to be in noncompliance with any permit or other authorization. If Contractor determines that any Waste is Non-Conforming Waste, it will have the right to reject, revoke acceptance of, or determine alternative disposal for, such Non-Conforming Waste, and convey it to City or another location. 2. Contractor agrees to prepare site specific Health and Safety Plans for the inventory, packaging and removal of presumed RCRA and non-RCRA hazardous wastes for the location above. Services will include: • Mobilize the required hazardous materials operators, equipment (properly licensed and insured waste hauling vehicles with proper DOT placards), and materials used for removal of hazardous materials (pallets, boxes, liners, dolly, drums, etc.). • Provide necessary lab tests and written reports when requested by the City. Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 12 • Containerize, if required, all RCRA and Non-RCRA hazardous waste solids, sludge or liquids in approved DOT shipping containers when requested. • Properly label, load and secure waste containers prior to hauling off-site. • Request waste profiles and update these profiles annually to ensure designated waste disposal facilities are authorized to accept waste generated by the City. Provide updated waste profiles to the City. • Prepare uniform hazardous materials manifest(s), non-hazardous waste manifest(s), and/or bill of lading(s) for the transportation of all hazardous wastes and universal wastes identified and required for disposal by the City. • Transport properly containerized waste offsite to a Contractor approved and permitted facility. Storage of City waste at these facilities will not exceed ten (10) working days where waste is stored in a temporary storage facility. Contractor will coordinate disposal of all waste with a receiving facility within the ten (10) day window. • Once approved for movement and disposal, Contractor will transport all waste to a state (EPA) certified waste disposal facility. • Submit completed waste profile(s) to the disposal facility for approval/ acceptance of all wastes transferred from the Safety Training Center location. • Mobilize and demobilize personnel and equipment as required to support hazardous waste assessments and disposal operations. • Provide project documentation in form of daily work reports, daily activity logs, and shipping documentation as requested by the City. • Respond to hazardous waste emergencies when notified by the City. 3. Contractor agrees to provide written proposals and exclusions, to include a list of all fees after conducting onsite inventories and prior to picking up any wastes for disposal. Upon approval of the proposal and completion of shipments, Contractor will provide detailed invoices, shipping documents, and waste manifests to the project manager at the Safety Training Center. 4. The City of Carlsbad will provide proper site-specific identification numbers which have been assigned by the State of California, Environmental Protection Agency, Department of Toxic Substances Control (DTSC). 5. All invoices and correspondence relating to this service agreement will be mailed to the City of Carlsbad, 1635 Faraday Avenue, Carlsbad, CA 92008. Please reference the Safety Training Center in all correspondence relating to this Agreement. Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E PSA26-3961FAC City Attorney Approved Version 10/23/2025 Page 13 Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E EST. UOM EXTENDED Billing Description QTY. QTY. UOM UNIT PRICE PRICE Equipment Operator Reg 5.00 8.00 HR $100.00 $4,000.00 Field technician Reg 5.00 8.00 HR $80.00 $3,200.00 Protective Gear Level D 4.00 EA $35.00 $140.00 NA3077 Hazardous waste, solids. 20.00 BOX $360.00 $7,200.00 UN1325 Waste Flammable -OM 3.00 EACH $1,445.00 $4,335.00 DOT HazMat Box -3' x 3' x 3' Tri-Wall 20.00 EACH $198.00 $3,960.00 55 Gal Open Top Steel Drum, 1A2 (17-H) 5.00 DRUM $90.00 $450.00 UN1950 Aerosols -OM 3.00 EA $756.00 $2,268.00 Truck, Flatbed or Van, 2-Axle, up to 24' 5.00 8.00 HR $74.52 $2,980.80 Mileage for Commercial Trucks (M852 +Eq Item#) 500.00 MILES $0.95 $475.00 Protective Gear Level D 10.00 EA $35.00 $350.00 TOTAL: $29,358.80 TAX: $568.85 ESTIMATED GRAND TOTAL: $29,927.65 Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E ACORD CERTIFICATE OF LIABILITY INSURANCE Page 1 of 12 I DATE (MM/DD/YYYY) ~ 10/28/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CANNON COCHRAN MANAGEMENT SERVICES, INC. PHONE (A/C No.Ext): I FAX (A/C No.Ext): 17015 NORTH SCOTTSDALE ROAD E-MAIL ADDRESS:certificateteam@ccmsi.com SCOTTSDALE, AZ 85255 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: ACE American Insurance Co. 22667 INSURED INSURER B: lndemnitv Insurance Co. of North America 43575 REPUBLIC SERVICES, INC. INSURER c: Illinois Union Insurance Company 27960 18500 N. ALLIED WAY INSURER D: ACE Property and Casualtv Insurance Co. 20699 PHOENIX, AZ 85054 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: 2627254 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD {MM/DD/YYYY) {MM/DD/YYYY) A L~ . ..J COMMERCIAL GENERAL LIABILITY HOO G48981793 06/30/2025 06/30/2026 EACH OCCURRENCE $ 10,000,000 □ CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED $ 10,000,000 B PREMISES (Ea occurrence) MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: $ 30,000,000 m POLICY □ PROJECT □ LOG GENERAL AGGREGATE PRODUCTS -COMP/OP AGG $ 20,000,000 noTHER: A ~UTOMOBILE LIABILITY ISA H1137119A 06/30/2025 06/30/2026 COMBINED SINGLE LIMIT $ 10,000,000 ~ ANY AUTO (Ea accident) OWNED AUTOS 0 SCHEDULED BODILY INJURY(Per person) ONLY AUTOS BODILY INJURY (Per accident) 0 HIRED AUTOS [!]NON-OWNED ONLY AUTOS ONLY PROPERTY DAMAGE D □ (Per accident) D X UMBRELLA LIAB tjOCCUR XEU G46782148 009 06/30/2025 06/30/2026 EACH OCCURRENCE $ 10,000,000 ----EXCESS LIAB CLAIMS-MADE ~GGREGATE $ 10,000,000 ,..__ OED n RETENTION $ B WORKERS COMPENSATION N/A WLR C72793894 -AOS 06/30/2025 06/30/2026 ~ PER LJ OTHER Y/N STATUTE A ~ND EMPLOYERS' LIABILITY WLR C72793882 -OR 06/30/2025 06/30/2026 E.L. EACH ACCIDENT $3,000,000 ~NY PROPRIETOR/PARTNER/EXECUTIVE ~ SCF C72793900 -WI 06/30/2025 06/30/2026 A OFFICER/MEMBER EXCLUDED? WCU C72793912 -OH XS 06/30/2025 06/30/2026 E.L. DISEASE -EA EMPLOYEE $3,000,000 A {Mandatory in NH) TNS C72627 490 -TX NS/XS 06/30/2025 06/30/2026 E.L. DISEASE -POLICY LIMIT $3,000,000 C If yes, describe under DESCRIPTION OF OPERATIONS below Contractor's Pollution Liability: See page 2 for details 06/30/2025 06/30/2026 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Division Number: 6669 -Named Insured Includes: NRC Environmental Services, Inc. Division Number: 6688 -Named Insured Includes: NRC Environmental Services Inc. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF CARLSBAD C/O EXIGIS INSURANCE COMPIIANCE SERVICES POBOX947 MURRIETA, CA 92564 United States AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E AGENCY CUSTOMER ID: _________________ _ LOC#: ------------------- /'"1 ACORD® ~ AGENCY POLICY NUMBER See First Page CARRIER See First Page ADDITIONAL REMARKS SCHEDULE Page 2 of 12 NAMED INSURED REPUBLIC SERVICES, INC. 18500 N. ALLIED WAY PHOENIX, AZ. 85054 INAICCODE EFFECTIVE DATE: ADDITIONAL REMARKS CERTIFICATE NUMBER: 2627254 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM. FORM NUMBER: 25 FORMmLE: CERTIFICATE OF LIABILITY INSURANCE The following provisions apply when required by written contract. As used below, the term certificate holder also Includes any person or organization that the insured has become obligated to include as a result of an executed contract or agreement. GENERAL LIABILITY: Certificate holder is Additional Insured including on-going and completed operations when required by written contract. Coverage is primary and non-contributory when required by written contract. Waiver of Subrogation in favor of the certificate holder is included when required by written contract. Medical Payment coverage Is available under the General Liability policy only when required by written agreement and limited to the amount required In the agreement or the maximum sublimit found within the General Liability policy, whichever is less. AUTO LIABILITY: Certificate holder is Additional Insured when required by written contract. Coverage is primary and non-contributory when required by written contract. Waiver of Subrogation in favor of the certificate holder is included when required by written contract. WORKERS COMPENSATION AND EMPLOYERS LIABILITY: Waiver of Subrogation in favor of the certificate holder is included when required by written contract where allowed by state law. Stop gap coverage for ND, WA and WY is covered under policy no. WLR C72793894 and stop gap coverage for OH is covered under policy no. WCU C72793912 as noted on page 1 of this certificate. TEXAS EXCESS INDEMNITY AND EMPLOYERS LIABILITY: Insured is a registered non-subscriber to the Texas Workers Compensation Act. Insured has filed an approved Indemnity Plan with the Texas Department of Insurance which offers an alternative In benefits to employees rather than the traditional Workers Compensation Insurance In Texas. The excess policy (TNS C72627490) shown on this certificate provides excess Indemnity and Employers Liability coverage for the approved Indemnity Plan. Contractual Liability is included in the General Liability and Automobile Liability coverage forms. The General Liability and Automobile Liability policies do not contain endorsements excluding Contractual Liability. Separation of Insured (Cross Liability) coverage is provided to the Additional Insured, when required by written contract, per the Conditions of the Commercial General Liability Coverage form and the Automobile Liability Coverage form. Umbrella/Excess Liability provides additional limits over the underlying General Liability, Automobile Liability and Employer's Liability policies shown on this certificate. Contractor's Pollution Liability Details of Cover: Steadfast Insurance Company (Zurich) (NAIC # 26387) -Policy No. PEC 0792830-02 -$25MM -06/30/25 -06/30/26 Applicable to the Contractor's Pollution Liability Coverage Parts Only: $25,000,000 -Damage Limit for Each Occurrence, Claim or Pollution Condition $25,000,000 -Claims Expense Limit for Each Claim $25,000,000 -General Aggregate Limit $25,000,000 -Claims Expense Aggregate Limit Applicable to Professional Liability Coverage Parts Only: $25,000,000 -Damage Limit for Each Claim or Wrongful Act $25,000,000 -Claims Expense Limit for Each Claim $25,000,000 -General Aggregate Limit RE: Agreement No.: PSA26-3961FAC ACORD 101 (2008/01) © 1988-2010 ACORD CORPORATION. All rights reaerved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E ~ ACORD® ~ AGENCY POLICY NUMBER See First Page CARRIER See First Page ADDITIONAL REMARKS AGENCY CUSTOMER ID: ________________ _ LOC#: ________________ _ ADDITIONAL REMARKS SCHEDULE Page 3 of 12 NAMED INSURED REPUBLIC SERVICES, INC. 18500 N. ALLIED WAY INAICCODE PHOENIX, AZ. 85054 EFFECTIVE DATE: CERTIFICATE NUMBER: 2627254 THIS ADDrTIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM. FORM NUMBER:~FORMmLE: CERTIFICATE OF LIABILITY INSURANCE Additional Insured includes: City of Carlsbad, when required by written contract. ACORD 101 (2008/01) @1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E Named Insured Republic Services, Inc. Policy Symbol I Polley Number ISA H11371 19A ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Endorsement Number 4 I Policy Period Effective Date of Endorsement 06/30/2025 to 06/30/2026 Issued By (Name of Insurance Company) ACE American Insurance Company 39 Insert the policy number. The remainder of the ,nfonnauon 1s to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM EXCESS TRUCKERS COVERAGE FORM Additional lnsured(s): Any person or organization whom you have agreed to include as an additional insured under written contract or agreement which include permits and licenses requiring DA9U74b (0614), provided such contract or agreement was executed prior to the date of loss. A. For a covered ·auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. DA-9U74b (06/14) Page 1 of 1 Pa e4of12 Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E NOTICE TO OTHERS ENDORSEMENT -NOTICE BY INSURED'S REPRESENTATIVE Named Insured Republic Services, Inc. Endorsement Number 243 Policy Symbol IPollcy Number I Policy Period Effective Date of Endorsement ISA H1137119A 06/30/2025 TO 06/30/2026 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM A. If we cancel, non-renew, or materially change the Policy prior to its expiration date by notice to the first Named Insured for any reason other than nonpayment of premium, we will, as set out in this endorsement, send written notice of such cancellation, non-renewal or material change, to the first Named Insured and will allow its representative to send such notice to all persons or organizations that the first Named Insured has contractually agreed to provide such notice. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification. The failure to provide advance notification of cancellation , non-renewal, or material change will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and wi ll not negate any cancellation, non-renewal or material change of the Policy. C. We will only be responsible for sending such notice to the first Named Insured who will notify its representative, and its representative will, in tum, send all applicable persons or organizations notice of cancellation, non- renewal , or material change at least 30 days prior to the applicable event date D. This endorsement does not apply in the event that the fi rst Named Insured cancels the Policy. All other terms and conditions of the Policy remain unchanged. Pa e 5 of 12 MS-35291 (06/15) i!X:hubb. 2016. All rights reserved. Page 1 of 1 Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E 25 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Republic Services, Inc. Endorsement Number 191 Policy Symbol I Policy Number ! Polley Period Effective Date of Endorsement ISA H1 1371 19A 06/30/2025 TO 06/30/2026 Issued By (Name of Insurance Company) ACE American Insurance Company Insert Iha policy number. The remainder of lhe ,nformauon ,s 10 be oompleted only when this endorsement is Issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Organization BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM Schedule Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. Additional Insured Endorsement DA9U74b (If no information is filled in, the schedule shall read: "AIi persons or entitles added as addftional insureds through an endorsement with the term "AddHional Insured" in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to th is policy, the following is added to the Other Insurance Condition under General Conditions: If other insurance is available to an insured we cover under any of the endorsements listed or described above (the "Additional Insured") 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. DA-21886b (06/14) Page 1 of 1 Pa e 6 of 12 Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E 16 NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number Republic Services, Inc. 28 Policy Symbol I Policy Number I Policy Period Effective Date of Endorsement HOO G48981793 06/30/2025 to 06/30/2026 Issued By (Name ol lnsirance Company) ACE American Insurance Company Insert the policy number. Tile remainder of the lnfonnatlon is to be completed only when this endorsement is Issued subsequent to tile preparation of tile policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE Schedule Organization Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss. Additional Insured Endorsement CG2026; CG201 O; CG2037 (If no information is filled in, the schedule shall read: "All persons or entitles added as additional insureds through an endorsement with the term "Additional Insured" in the title) For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV.4.a : If other insurance is available to an insured we cover under any of the endorsements listed or described above {the "Additional Insured "} for a loss we cover under this policy, th is 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. LD-20287 (06/06) Page 1 of 1 Pa e 7 of 12 Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E NOTICE TO OTHERS ENDORSEMENT -NOTICE BY INSURED'S REPRESENTATIVE Named Insured Republic Services, Inc. Endorsement Number 77 Policy Symbol IPollcy Number I Policy Period Effective Date of Endorsement HOO G48981793 06/30/2025 TO 06/30/2026 Issued By (Name of Insurance Company) ACE American Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. If we cancel, non-renew, or materially change the Policy prior to its expiration date by notice to the first Named Insured for any reason other than nonpayment of premium, we will, as set out in this endorsement, send written notice of such cancellation, non-renewal or material change, to the first Named Insured and will allow its representative to send such notice to all persons or organizations that the first Named Insured has contractually agreed to provide such notice. B. The notice referenced in this endorsement as provided by your representative is intended only to be a courtesy notification. The failure to provide advance notification of cancellation , non-renewal, or material change will impose no obligation or liability of any kind upon us, our agents or representatives, will not extend any Policy cancellation date and wi ll not negate any cancellation, non-renewal or material change of the Policy. C. We will only be responsible for sending such notice to the first Named Insured who will notify its representative, and its representative will, in tum, send all applicable persons or organizations notice of cancellation, non- renewal , or material change at least 30 days prior to the applicable event date D. This endorsement does not apply in the event that the fi rst Named Insured cancels the Policy. All other terms and conditions of the Policy remain unchanged. Pa e 8 of 12 MS-35172 (06/20) i!X:hubb. 2016. All rights reserved. Page 1 of 1 Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E Policy Number: HOO G48981793 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 NOTICE: THESE POLICY FORMS AND THE APPLICABLE RATES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Oraanization(s) Location(sl Of Covered Ooerations Any person or organization whom you have All locations where you are performing agreed to include as an additional i nsured operations for such additional insured under a written con ract requiring CG2010 pursuant to any such written contract . (04/13), 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. CG 20 10 04 13 Class Code: 2-14057 © Insurance Services Office, Inc., 2012 Page 1 of 2 Pa e 9 of 12 Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organizatlon(s) shown in the Schedule, but only with respect to liability for "bodily injury·, "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All wori{, including materials, parts or equipment furnished in connection with such wori{, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a pri ncipal as a part of the same project. 2. AvaJlable under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 Class Code: 2-14057 Page 10 of 12 Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E POLICY NUMBER: HOO G48981793 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 NOTICE: THESE POLICY FORMS AND THE APPLICABLE RA TES ARE EXEMPT FROM THE FILING REQUIREMENTS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. HOWEVER, THE FORMS AND RATES MUST MEET THE MINIMUM STANDARDS OF THE NEW YORK INSURANCE LAW AND REGULATIONS. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to All locations where you are performing work for such include as an additional insured under a written additional insured pursuant to any such written contract requiring CG2037 (04/13 ), provided such contract. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 Class Code: 2-14057 © Insurance Services Office, Inc., 2012 Page 1 of 2 Pae 11 of12 Docusign Envelope ID: D565E06F-7557-4775-A07E-E5AA6E5FA71E B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © ISO Properties, Inc., 2004 Class Code: 2-14057 Page 12 of 12 CG 20 37 0413 D