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HomeMy WebLinkAboutWeck Analytical Environmental Services Inc d.b.a. Weck Laboratories Inc; 2023-08-08; PSA24-2255UTILPSA24-2255UTIL General Counsel Approved Version 5/25/2023 Page 1 of 9 AGREEMENT FOR WATER SAMPLE LAB SERVICES WECK ANALYTICAL ENVIRONMENTAL SERVICES, INC. DBA WECK LABORATORIES, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2023, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California, ("CMWD"), and Weck Analytical Environmental Services, Inc., a California corporation, d.b.a. Weck Laboratories, Inc. ("Contractor"). RECITALS A. CMWD requires the services of a consultant that is experienced in and certified in water sample testing lab services. B. Contractor has the necessary experience and potable water certification in providing services and advice related to water sample lab services. C. Contractor has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1. SCOPE OF WORK CMWD retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in 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 for a period of six (6) months from the date first above written. The Executive Manager may amend the Agreement to extend it for one (1) additional six (6) month period or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, CMWD needs, and appropriation of funds by the CMWD Board of Directors. 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 will be thirteen thousand forty-three dollars ($13,043). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If CMWD elects to extend the Agreement, the amount shall not exceed thirteen thousand forty-three dollars ($13,043) per Agreement term. CMWD reserves the right to withhold a ten percent (10%) retention until CMWD has accepted the work and/or Services specified in Exhibit "A." DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 August 8th PSA24-2255UTIL General Counsel Approved Version 5/25/2023 Page 2 of 9 Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 6.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. 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. 7.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 CMWD. Contractor will be under control of CMWD only as to the result to be accomplished, but will consult with CMWD as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of CMWD for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. CMWD will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. CMWD 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 CMWD and the City of Carlsbad within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which CMWD may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At CMWD’s election, CMWD may deduct the indemnification amount from any balance owing to Contractor. 8.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of CMWD. If Contractor subcontracts any of the Services, Contractor will be fully responsible to CMWD for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 PSA24-2255UTIL General Counsel Approved Version 5/25/2023 Page 3 of 9 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 CMWD. 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 CMWD. 9. OTHER CONTRACTORS CMWD reserves the right to employ other Contractors in connection with the Services. 10. INDEMNIFICATION Contractor agrees to indemnify and hold harmless CMWD and the City of Carlsbad, their officers, 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 herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney’s fee, costs or expense CMWD or the City of Carlsbad incurs or makes to or on behalf of an injured employee under CMWD’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 11. 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. 11.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or Executive 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. CMWD, 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 CMWD as an additional insured. 11.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & 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. DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 PSA24-2255UTIL General Counsel Approved Version 5/25/2023 Page 4 of 9 11.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for CMWD). $2,000,000 combined single-limit per accident for bodily injury and property damage. 11.1.3 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 CMWD's satisfaction, a declaration stating this. 11.1.4 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. 11.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 11.2.1 CMWD will be named as an additional insured on Commercial General Liability which shall provide primary coverage to CMWD. 11.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 11.2.3 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 CMWD sent by certified mail pursuant to the Notice provisions of this Agreement. 11.3 Providing Certificates of Insurance and Endorsements. Prior to CMWD's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to CMWD. 11.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then CMWD 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 CMWD to obtain or maintain insurance and CMWD may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 11.5 Submission of Insurance Policies. CMWD reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 12. 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. 13. 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 CMWD 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 three (3) years from the date of final payment under this Agreement. DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 PSA24-2255UTIL General Counsel Approved Version 5/25/2023 Page 5 of 9 14. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of CMWD. 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 CMWD. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 15. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in CMWD and Contractor relinquishes all claims to the copyrights in favor of CMWD. 16. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of CMWD and on behalf of Contractor under this Agreement. For CMWD For Contractor Name Ray Martinez Name Marilyn Romero Title Utilities Supervisor Title Project Manager Carlsbad Municipal Water District Address 14859 Clark Avenue Address 5950 El Camino Real Industry, CA 91745 Carlsbad, CA 92008 Phone 626-336-2139 x106 Phone 760-802-8097 E-mail marilyn.romero@wecklabs.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 17. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the CMWD Conflict of Interest Code. The Contractor shall report investments or interests as required in the CMWD Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 18. 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 DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 PSA24-2255UTIL General Counsel Approved Version 5/25/2023 Page 6 of 9 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 that the services required by this Agreement. 19. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20. 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 CMWD 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 Executive Manager. The Executive 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 Executive 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. 21. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, CMWD may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If CMWD decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, CMWD 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 CMWD and all work in progress to CMWD address contained in this Agreement. CMWD will make a determination of fact based upon the work product delivered to CMWD and of the percentage of work that Contractor has performed which is usable and of worth to CMWD in having the Agreement completed. Based upon that finding CMWD will determine the final payment of the Agreement. CMWD may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering sixty (60) days written notice to CMWD. In the event of termination of this Agreement by either party and upon request of CMWD, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to CMWD. 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. CMWD will make the final determination as to the portions of tasks completed and the compensation to be made. 22. 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 DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 PSA24-2255UTIL General Counsel Approved Version 5/25/2023 Page 7 of 9 or making of this Agreement. For breach or violation of this warranty, CMWD will have the right to annul this 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. 23. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any agreement claim submitted to CMWD 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 CMWD, 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 CMWD seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's 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 CMWD to terminate this Agreement. 24. JURISDICTION AND VENUE 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. 25. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon CMWD 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 CMWD, which shall not be unreasonably withheld. 26. 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. [signatures on following page] DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 PSA24-2255UTIL General Counsel Approved Version 5/25/2023 Page 8 of 9 27. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad WECK ANALYTICAL ENVIRONMENTAL SERVICES, INC., a California corporation d.b.a. Weck Laboratories, Inc. By: By: (sign here) Vicki V. Quiram, General Manager as authorized by the Executive Manager Agustin Pierri, President (print name/title) By: (sign here) Cecilia Pierri, Secretary (print name/title) If required by CMWD, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, General Counsel By:_____________________________ Deputy General Counsel DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 PSA24-2255UTIL Page 9 of 9 EXHIBIT “A” SCOPE OF SERVICES ANALYTICAL SERVICE CODE NUMBER QTY TAT * (workdays) UNIT PRICE EXTENDED PRICE Water Chlorine Dioxide – SM 4500CL02 D SM 4500CI02-D 138 10 $45.00 $6,210.00 Additional Items (if requested or applicable, will be charged at listed rates) Chlorine Dioxide – 4 day rush 48 $58.50 $2,808.00 Minimum Charge $300.00 Return via FedEx Std Overnight 27 $75.00 $2,025.00 SUBTOTAL $11,043.00 Additional Services Any services necessary beyond this listed scope of work by CMWD $2,000.00 TOTAL $13,043.00* *Includes taxes, fees, expenses, and all other costs. ANALYTICAL METHOD INFORMATION SAMPLING GUIDE Contractor Shipping of sampling supplies is at no charge when allowing at least a week for delivery. DDW CLIP and EPA CDX electronic uploads are included. Field blanks are billable as samples. Standard TAT is 10-15 working days with RUSH available as capacity permits. Rush surcharges for 4-5 workdays is +30% and for 2-3 workdays is +75%. Paperless reports (PDF) are included while mailed paper reports are available at additional cost. DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 Analyte MDL MRL Units % Recovery Chlorine Dioxide -SM 4500CLO2 D by SM 4500CIO2-D (Water) Chlorine Dioxide as CIO2 0.095 Analysis SpecificMethod Container Conventional Chemistry/Physical Parameters by APHA/EPA/ASTM Methods in Water Chlorine Dioxide -SM 4500CLO2 D SM 4500CIO2-D 250-ml Poly DUP Matrix Spike Blank Spike RPD % R RPD % R RPD CASNumber 15 T 82-114 15T 85-110 15T 10049-04-4 Preservation <6'C Hold (days) 0.01 Amount Needed 250 ml SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 8/1/2023 Spectrum Risk Management74 Discovery Irvine, CA 92618 949-756-5730 949-756-5740 www.spectrumrisk.com 0C77485 Everest Indemnity Insurance Company 10851 California Automobile Insurance Company 38342 Republic Indemnity Company of America 22179 A 2,000,000EF4ML05327-231 6/22/2023 6/22/2024 100,000 3 5,000 3 2,000,000 3 Pollution Liability 2,000,000 3 Ded. $5,000 BI/PD per Occur 2,000,0003 Pollution Liab Ea. Occr 1,000,000 B BA040000051915 4/9/2023 4/9/2024 1,000,000 3 3 3 A EF1CU00194-231 6/22/2023 6/22/2024 1,000,0003 1,000,0003 C 25480003 4/9/2023 4/9/2024 3 1,000,000Y 1,000,000 1,000,000 A Professional Liability Claims Made EF4ML05327-231 6/22/2023 6/22/2024 $2,000,000 inc/$2,000,000 agg/$5,000 ded Retro date $2m/$2m 5/15/2016 Retro Date $1m/$2m 6/22/1995 to 5/14/2016 Victor Farfan Account Manager office@spectrumrisk.com Weck Laboratories, Inc. Weck Analytical Environmental Services, Inc. 14859 East Clark Avenue City of Industry CA 91745 75592111 3 3 The City of Carlsbad is included as additional insured with respects to the general liability, where required by written contract per attached policy per attached policy forms. RE: Agreement Number : PSA24-2255UTIL City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 947 Murrieta CA 92564 RE: Agreement Number : PSA24-2255UTIL / Agreement Name - Water Sample Services policy forms. Waiver of Subrogation applies to the additional insured where required by written contract, with respects to the workers compensation 30 day notice of cancellation applies except for non-payment of premium. 75592111 | 2023 GL,Prof, Poll, 2023 Auto, WC | Ari Odebiyi | 8/1/2023 6:23:32 PM (PST) | Page 1 of 7 DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 ACORD I ~ I '--D □ ..__ ..__ R □ □ '-- '--~ ..__ ~ ..__ ..__ '--H I I I I I □ I POLICY NUMBER: INTERLINE EIL 04 550 12 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EIL 04 550 12 18 Copyright, Everest Reinsurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. Page 1 of 2 ADDITIONAL INSURED – STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION – PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART EVEREST ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: 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 any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. 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. 2. This insurance does not apply to: a. "Bodily injury", "property damage", "personal and advertising injury" or “environmental damage” arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products-completed operations hazard". B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. EF4ML05327-231 75592111 | 2023 GL,Prof, Poll, 2023 Auto, WC | Ari Odebiyi | 8/1/2023 6:23:32 PM (PST) | Page 2 of 7 DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 EIL 04 550 12 18 Copyright, Everest Reinsurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. Page 2 of 2 All other terms, conditions and exclusions shall remain the same. 75592111 | 2023 GL,Prof, Poll, 2023 Auto, WC | Ari Odebiyi | 8/1/2023 6:23:32 PM (PST) | Page 3 of 7 DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 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. EF4ML05327-231 75592111 | 2023 GL,Prof, Poll, 2023 Auto, WC | Ari Odebiyi | 8/1/2023 6:23:32 PM (PST) | Page 4 of 7 DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 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. EF4ML05327-231 75592111 | 2023 GL,Prof, Poll, 2023 Auto, WC | Ari Odebiyi | 8/1/2023 6:23:32 PM (PST) | Page 5 of 7 DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 INTERLINE EIL 00 734 09 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EIL 00 734 09 18 Copyright, Everest Reinsurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc., used with its permission Page 1 of 1 NOTICE OF CANCELLATION BY US TO THIRD PARTY – BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL CATASTROPHE LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR’S POLLUTION LIABILITY COVERAGE PART EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART EVEREST ENVIRONMENTAL PLUS COVERAGE PART EVEREST SITE POLLUTION (ESP™) LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART MOTOR VEHICLE POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART SITE SPECIFIC POLLUTION LIABILITY COVERAGE PART Schedule _________days before the effective date of cancellation by us we will mail or deliver notice to any third party identified in the list you have provided to us. The following Condition is added to the policy: Notice of Cancellation by Us to Third Party 1.If we cancel this policy, notice of cancellation of not less than the number of days shown in the Schedule will be mailed or delivered to any third party identified in the list you have provided to us as described below. 2.We will mail or deliver our notice to the third party at the address shown in the list you have provided to us. 3.If notice is mailed, proof of mailing will be sufficient proof of notice. 4.We will not notify the third party if cancellation is at your request. 5.We will not notify the third party in the event of non-renewal. 6.We will not notify any third party not contained on the list you have provided to us. 7.Our failure to notify the third party does not invalidate cancellation as respects you. You agree that as a condition precedent for us providing such notice, you will: a.Provide us with a complete list of each third party, including appropriate designees and complete mailing addresses; b.Provide the list to us no less than 7 days from the date we request it; and c.Notify us of any changes to the list within 5 business days of such change. All other terms and conditions of this Policy remain unchanged. 30 EF4ML05327-231 75592111 | 2023 GL,Prof, Poll, 2023 Auto, WC | Ari Odebiyi | 8/1/2023 6:23:32 PM (PST) | Page 6 of 7 DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule State Person or Organization Job Description California This endorsement provides a blanket waiver of subrogation applicable to all jobs for persons or organizations whom the Named Insured has agreed by written contract to furnish this waiver. The charge for this endorsement shall be 5% of total manual premium, subject to a minimum premium of $250. This charge will be billed on your next invoice based on current manual premium, and the final charge will be calculated and billed at the final audit. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Republic Indemnity Company of America Company Number Insured Policy Number Endorsement Number Endorsement Effective Printed On WC 00 0313 (Ed. 04-84) 19739 © 1983 National Council on Compensation Insurance. Countersigned by : ----------- Weck Laboratories, Inc. 25480003 04/09/2023 75592111 | 2023 GL,Prof, Poll, 2023 Auto, WC | Ari Odebiyi | 8/1/2023 6:23:32 PM (PST) | Page 7 of 7 DocuSign Envelope ID: 90B1EA4A-4F41-4334-A007-30A5813FA992