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HomeMy WebLinkAboutWestern Pump Inc; 2021-06-21; PSA21-1510FLTPSA21-1510FLT City Attorney Approved Version 6/12/18 1 AGREEMENT FOR AS-NEEDED SHOP EQUIPMENT SERVICES WESTERN PUMP, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Western Pump, Inc., a California corporation, ("Contractor”). RECITALS City requires the professional services of a consultant that is experienced in shop equipment maintenance, parts, and certification services. Contractor has the necessary experience in providing these professional 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 WORKCity 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 inaccordance with the terms and conditions set forth in this Agreement. 2.TERMThis Agreement will be effective for a period of one (1) year from the date first above written. The City Manager may amend the Agreement to extend it for two (2) additional one (1) year periodsor parts thereof. 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. 3.COMPENSATION The total fee payable for the Services to be performed shall be based on a time and materialsbasis and shall not exceed eight thousand five hundred fifty dollars ($8,550). No othercompensation for the Services will be allowed except for items covered by subsequentamendments to this Agreement. If the City elects to extend the Agreement, the amount shall notexceed eight thousand five hundred fifty dollars ($8,550) per Agreement year. The City reservesthe right to withhold a ten percent (10%) retention until City has accepted the work and/or Servicesspecified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". 4.PREVAILING WAGE RATESAny construction, alteration, demolition, repair, and maintenance work, including work performedduring design and preconstruction such as inspection and land surveying work, cumulativelyexceeding $1,000 and performed under this Agreement are subject to state prevailing wage laws. The general prevailing rate of wages, for each craft or type of worker needed to execute thecontract, shall be those as determined by the Director of Industrial Relations pursuant to theSection 1770, 1773 and 1773.1 of the California Labor Code. Pursuant to Section 1773.2 of theCalifornia Labor code, a current copy of applicable wage rates is on file in the office of the CityEngineer. Contractor shall not pay less than the said specified prevailing rates of wages to all DocuSign Envelope ID: 3BB893BD-457C-4D4D-830E-B7E114F0DF67 21st June PSA21-1510FLT City Attorney Approved Version 6/12/18 2 such workers employed by him or her in the execution of the Agreement. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. 5.STATUS OF CONTRACTORContractor 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 Cityonly as to the results to be accomplished. 6.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence,recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly orindirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 7.INSURANCEContractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, andprofessional liability insurance from an insurance company authorized to transact the business ofinsurance 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. Contractorwill 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 becanceled without thirty (30) days prior written notice to the City by certified mail. City will be namedas an additional insured on General Liability which shall provide primary coverage to the City. Thefull limits available to the named insured shall also be available and applicable to the City as anadditional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. /// /// /// /// /// DocuSign Envelope ID: 3BB893BD-457C-4D4D-830E-B7E114F0DF67 PSA21-1510FLT City Attorney Approved Version 6/12/18 3 8. NOTICESThe 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 Bradley Northup Name Tony Sansavera Title Public Works Superintendent Title Project Manager Department Public Works Address 3235 F Street City of Carlsbad San Diego, CA 92102 Address 1635 Faraday Ave. Phone No. 619-446-9031 Carlsbad, CA 92008 Email tonys@westernpump.com Phone No. 760-473-1267 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. 9.CONFLICT OF INTERESTContractor shall file a Conflict of Interest Statement with the City Clerk in accordance with therequirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall reportinvestments or interests in all categories. Yes ☐ No ☒ 10.COMPLIANCE WITH LAWSContractor will comply with all applicable local, state and federal laws and regulations prohibitingdiscrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 11.TERMINATIONCity or Contractor may terminate this Agreement at any time after a discussion, and written noticeto the other party. City will pay Contractor's costs for services delivered up to the time oftermination, if the services have been delivered in accordance with the Agreement. 12.CLAIMS AND LAWSUITSBy 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 acknowledgesthat debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 13.JURISDICTIONS AND VENUEContractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputesbetween the parties arising out of this Agreement is the State Superior Court, San Diego County,California. DocuSign Envelope ID: 3BB893BD-457C-4D4D-830E-B7E114F0DF67 PSA21-1510FLT City Attorney Approved Version 6/12/18 4 14.ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to becomedue under it, without the prior written consent of City. 15.AMENDMENTSThis Agreement may be amended by mutual consent of City and Contractor. Any amendment willbe in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: 3BB893BD-457C-4D4D-830E-B7E114F0DF67 PSA21-1510FLT City Attorney Approved Version 6/12/18 5 16.AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf ofContractor each represent and warrant that they have the legal power, right and actual authorityto bind Contractor to the terms and conditions of this Agreement. CONTRACTOR WESTERN PUMP, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (sign here) Ryan Rethmeier, CEO & President (print name/title) By: (sign here) Vania DeFrates, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: Assistant City Attorney DocuSign Envelope ID: 3BB893BD-457C-4D4D-830E-B7E114F0DF67 PSA21-1510FLT City Attorney Approved Version 6/12/18 6 EXHIBIT “A” SCOPE OF SERVICES 1.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: 3BB893BD-457C-4D4D-830E-B7E114F0DF67 PSA21-1510FLT Exhibit "A" (continued) City Attorney Approved Version 6/12/18 7 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 2.REQUIREMENTS: 2.1 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. 2.2 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. 2.3 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. 2.4 The Contractor shall furnish all labor, material, equipment, tools, and other items necessary to accomplish the required repairs and services. 3.OTHER REQUIREMENTS FOR TECHNICIANS: 3.1 Work shall only be performed by qualified technicians. 3.2 The Contactor shall ensure all technicians maintain required certifications. 4.PARTS: 4.1 Proposed parts discount shall remain firm fixed through duration of contract. 5.SERVICE PROCEDURE: 5.1 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 contact. DocuSign Envelope ID: 3BB893BD-457C-4D4D-830E-B7E114F0DF67 PSA21-1510FLT Exhibit "A" (continued) City Attorney Approved Version 6/12/18 8 5.2 Contractor shall provide a response to initial request for estimate within one (1) business day of receipt of initial request. 6.WORK ORDERS & INVOICING: 6.1 Contractor shall adhere to the following procedures to ensure prompt payment for services rendered. 6.2 Contractor shall not begin work on any equipment without first receiving a Work Order number provided by Fleet Services. 6.3 Work performed by Contractor that was not requested by Fleet Services, and that does not have a Work Order number will not be paid. 6.4 Contractor shall submit invoices for payment within 24 hours of work performance via fax 760-438-1532 or email to amy.hazen@carlsbadca.gov 6.5 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. 7.QUOTATIONS: 7.1 Vendors will provide, at request from Fleet Services, estimates for the installation, replacement, or repair of various equipment upon request. 7.2 Any 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 $5,800.00 Parts (20%Discount from List) N/A $2,000 Trip Charge $75.00 10 $750.00 Total Annual Not-To-Exceed Amount $8,550.00 . DocuSign Envelope ID: 3BB893BD-457C-4D4D-830E-B7E114F0DF67 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 COMPENSATIONAND 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 BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE 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 PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE 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 onthis 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 4/9/2021 (858) 888-7819 (858) 888-7820 10851 Western Pump, Inc.3235 F StreetSan Diego, CA 92102 10120 27847 A 1,000,000 X X EF4ML06288-211 4/1/2021 4/1/2022 50,000 Contractor Pollution 5,000 Deductible $10,000 1,000,000 2,000,000 2,000,000 1,000,000B X EF4CA00323-211 4/1/2021 4/1/2022 $1,000 Comp. $1,000 Coll. 5,000,000A EF4CU01343-211 4/1/2021 4/1/2022 5,000,000 0 C X WSD5059979 4/1/2021 4/1/2022 1,000,000 1,000,000 1,000,000 A Professional Liab EF4ML06288-211 4/1/2021 Claims Made:1,000,000 A Ded: $10k Per Claim EF4ML06288-211 4/1/2021 4/1/2022 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. PSA20-1108FAC. City of Carlsbad is Additional Insured with respect to General Liability/Contractors Pollution Liability and Auto Liability per the attched endorsements asSEE ATTACHED ACORD 101 City of Carlsbad/CMWD1635 Faraday AvenueCarlsbad, CA 92008-7314 WESTPUM-02 SZUNIGA Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services10717 Sorrento Valley RoadSan Diego, CA 92121 Stephanie Zuniga szuniga@wateridge.com Everest Indemnity Insurance Co Everest National Insurance Co ICW (insurance Co. Of The West) X 4/1/2022 X X X X X X X X X X X X X FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services WESTPUM-02 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Western Pump, Inc.3235 F StreetSan Diego, CA 92102 SEE PAGE 1 SZUNIGA 1 Description of Operations/Locations/Vehicles:required by written contract. Waiver of Subrogation applies to General Liability/Contractors Pollution Liability and Workers Compensation. Insurance is Primary and Non-Contributory POLICY NUMBER: 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. POLICY NUMBER: EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 671 08 18 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 Any owner, lessee or contractor whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of the 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" 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. EF4ML06288191 POLICY NUMBER: EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 669 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECG 24 669 08 18 Copyright, Everest Reinsurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations; or 2. A contractor on whose behalf you are performing operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Paragraph 19. Subrogation of Section IV – Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. POLICY NUMBER: 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) Or Organization(s): Endorsement Number As required by written contract signed by both parties prior to loss. 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. EF4ML06288-211 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET 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 Job Description Policy Number: WSD 5059979 00 Insured: Western Pump, Inc. Endorsement Effective: 04/01/2021 Coverage Provided by: Ins Co of the West Issue Date: 03/23/2021 Countersigned by: WC 99 06 34 (Ed. 8-00) All California Operations Any person or organization for which this waiver is required