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HomeMy WebLinkAboutEHS Analytical Solutions Inc; 2023-11-09; PSA24-2323FACPSA24-2323FAC City Approved Version 4/24/2023 Page 1 AGREEMENT FOR ENVIRONMENTAL HEALTH AND SAFETY SERVICES EHS ANALYTICAL SOLUTIONS, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2023, by and between the City of Carlsbad, California, a municipal corporation ("City"), and EHS Analytical Solutions, Inc., a California corporation ("Contractor”). RECITALS City requires the professional services of an environmental health and safety provider that is experienced in developing asbestos management plans. 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 WORK City retains Contractor to perform, and Contractor agrees to render, those services (the “Services”) that are defined in Exhibit “A,” attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of six (6) months from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be nine thousand five hundred dollars ($9,500). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. MUTUAL INDEMNIFICATION Contractor and City agree to indemnify and hold each other harmless (e.g. the City/Contractor) and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor or City, 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 City/Contractor incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation or Contractors workers compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 9th November PSA24-2323FAC City Approved Version 4/24/2023 Page 2 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name John Maashoff Name Adam Fillmore Title Public Works Mgr. Title Director Department Public Works Address 6755 Mira Mesa Blvd. Suite 123-249 City of Carlsbad San Diego, CA 92121 Address 405 Oak Ave Phone No. 619-288-3094 Carlsbad, CA 92008 Email adam@ehsanalytical.com Phone No. 442-389-2856 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. /// /// /// /// /// /// DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 PSA24-2323FAC City Approved Version 4/24/2023 Page 3 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. INTELLECTUAL PROPERTY All materials produced by Contractor under this agreement, such as but not limited to, training materials, efficiency systems, Contractor processes, programs or procedures, written documents, and custom designed software are the property of Contractor and may not be copied or distributed or made public information without the explicit written permission of EHS, such permission will not be withheld unreasonably. The City is granted a non-exclusive limited-use license of this Intellectual Property. Limited-use means the City can use the Intellectual Property for the intended internal safety or DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 PSA24-2323FAC City Approved Version 4/24/2023 Page 4 environmental purposes. Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with EHS Analytical Solutions, Inc. Contractor agrees and acknowledges that the City is a California public agency subject to the requirements of the California Public Records Act (CA Government Code § 6250 et seq.) and the California Civil Discovery Act (California Code of Civil Procedure § 2016.010 et seq, which taken together, govern the City’s ability to withhold records from the public, a court, administrative agency, or other governmental body with competent jurisdiction. 15. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. [signatures on the following page] DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 PSA24-2323FAC City Approved Version 4/24/2023 Page 5 16. 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, EHS ANALYTICAL SOLUTIONS, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized as by the City Manager Adam Fillmore, President and Chief Financial Officer (print name/title) By: (sign here) (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: Deputy City Attorney DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 PSA24-2323FAC Page 6 EXHIBIT “A” SCOPE OF SERVICES Contractor shall develop an Asbestos Operations & Maintenance plan for three city facilities as noted below. The plan will include the following elements: • Training requirements: Asbestos Program Manager, custodial and maintenance staff requirements. • Occupant Notification: A program to tell workers, tenants, and building occupants where ACM is located, and how and why to avoid disturbing the ACM. All persons potentially affected should be properly informed. • Monitoring ACM: Regular ACM monitoring to note, assess, and document any changes in the ACM’s condition. • Job-Site Controls for Work Involving ACM: Work control/permit system to control activities which might disturb ACM. • Safe Work Practices: O&M work practices to avoid or minimize fiber release during activities affecting ACM. • Recordkeeping: To document O&M activities. • Worker Protection: Medical and respiratory protection programs, as applicable. DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 Attachme11t 1-Asbestos O&M Pla11s Description EHS Analytical SolutiOl'ls, Inc. (EHS) will have their Certified Asbestos Consultant (CAC) prepa re Asbestos Operation and Maintenance (O&MJ plans for three (3) buildings located in Carlsbad. The three buildings have the follow,i1ng addresses. 1200 Ca rlsbad Village Dr. 3401 Monroe St 5950 El Camino Rea'I The O&M p'lans willl be developed based on data provided from Client. A site walk will also be performed by the CAC to understand the different types of building materials within the buildings during one on-s,ite visit. During the site visit; aient will be responsible for proViiding representa~ive(s) that have a kee,n familiarity with each bu1illding, the building systems, and who have access to each area (e.g. locked areas). The creation of O&M plans does not include Mbes~os surveys or sam pling. If asbestos surveys are requested or needed in tile future, EHS can help support these effo.rts as .separate scopes of work. EHS Price $9,500 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 10/27/2023 AssuredPartners Design Professionals Insurance Services LLC19689 7th Ave NE, Ste 183, PMB #369Poulsbo WA 98370 Julia Ardon 360-626-2956 360-626-2956 julia.ardon@assuredpartners.com Underwriters at Lloyd's, London/Rivington HARTFORD INSURANCE COMPANY 38288EHS Analytical Solutions Inc6755 Mira Mesa Blvd, #123-249San Diego CA 92121 1085688961 A X 1,000,000 X 50,000 5,000 1,000,000 2,000,000 X Y Y ENC000379505 10/21/2023 10/21/2024 2,000,000 A 1,000,000 X X Y Y ENC000379505 10/21/2023 10/21/2024 B X N Y 52WEGAH6D1U 9/8/2023 9/8/2024 1,000,000 1,000,000 1,000,000 A Professional Liab; Claims MadeContractors Pollution Liability Y YY ENC000379505 10/21/2023 10/21/2024 $2,000,000 Per Claim$1,000,000 Per Claim $2,000,000 Aggr$2,000,000 Aggr Certificate holder is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regardingactivities by or on behalf of the Named Insured. The Commercial General Liability insurance is primary insurance and any other insurance maintained by theAdditional Insured shall be excess only and non-contributing with this insurance. A waiver of subrogation applies to the Commercial General Liability, AutoLiability and Workers Compensation / Employers Liability in favor of the Additional Insured. City of Carlsbad / CMWDc/o EXIGIS Insurance Compliance ServicesP O Box 947Murrieta CA 92564 DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 □ CG 20 01 04 13 ©Insurance Services Office, Inc. Page 79 Effective Date: 10/21/2022 PolicyNumber: ENC 0003795-04 Endorsement Number: 2 PRIMARY/NON-CONTRIBUTORY – OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART͒PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. SCHEDULE: Specific Entity to Schedule if required – As required by written contract. DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 CG 20 10 07 04 ©Insurance Services Office, Inc. Page e 80 Effective Date: 10/21/2022 PolicyNumber: ENC 0003795-04 Endorsement Number: 3 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION In consideration of a premium change of , this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations All project locations where this endorsement is required by contract As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "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. 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: DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 CG 20 10 07 04 ©Insurance Services Office, Inc. Page e 81 1. All work, including materials, parts or equipment furnished in connection with such work, 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 principal as a part of the same project. DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 CG 20 37 07 04 ©Insurance Services Office, Inc. Effective Date: 10/21/2022 PolicyNumber: ENC 0003795-04 Endorsement Number: 4 ADDITIONAL INSURED – OWNERS, LESSORS OR CONTRACTORS – COMPLETED OPERATIONS In consideration of a premium change of , this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All project locations where this endorsement is required by contract As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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". DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 CG 24 04 10 93 ©Insurance Services Office, Inc. Page 84 Effective Date: 10/21/2022 PolicyNumber: ENC 0003795-04 Endorsement Number: 6 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Person or Organization: Any person(s) or organization(s) where this endorsement is required by contract All Person(s) Or Organization(s) where this endorsement is required by contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY 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. DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 CPL271 12-2016 Page e 94 Effective Date: 10/21/2022 PolicyNumber: ENC 0003795-04 Endorsement Number: 12 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Additional Insured Person(s) Or Organization(s): Location(s) of Covered Operations Any person(s) or organization(s) where this endorsement is required by contract. All project locations where this endorsement is required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 Damages and Claims Expenses 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. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to Damages or Claims Expenses occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 CPL271 12-2016 Page e 95 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 principal as a part of the same project. DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 CPL275 12-2016 Page e 96 Effective Date: 10/21/2022 PolicyNumber: ENC 0003795-04 Endorsement Number: 13 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: All other terms and conditions of this Policy remain unchanged. CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person(s) or organization(s) where this endorsement is required by contract. All project locations where this endorsement is required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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 Damages and Claims Expenses 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. DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 CPP279 12/2016 Page 100 Effective Date: 10/21/2022 PolicyNumber: ENC 0003795-04 Endorsement Number: 17 WAIVER OF SUBROGATION – CONTRACTORS POLLUTION LIABILITY AND PROFESSIONAL LIABILITY This endorsement modifies insurance to all coverages applicable to this policy and applies specifically for the entity scheduled below. All other terms and conditions of this Policy remain unchanged. SCHEDULE Name of Additional Insured Person(s) Or Organization(s): All person(s) or organization(s) where this endorsement is required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. In consideration of the premium charged for the Policy, it is hereby understood and agreed that Clause XX. SUBROGATION is deleted in its entirety and replaced with the following: XX. SUBROGATION In the event of any payment under this Insurance, the Underwriters shall be subrogated to all the Insureds’ rights of recovery therefore against any person or organization, and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing to prejudice such rights. The Underwriters agree to waive its rights of recovery against any person or entity for a Claim which is covered pursuant to this Policy, but only where indemnity or contractual obligation has been provided by the Named Insured pursuant to a written contract. Any recoveries shall be applied first to subrogation expenses, second to the Named Insured to the extent of any payments in excess of the Limit of Liability, third to Damages, Cleanup Costs and Claims Expenses paid by the Underwriters, and fourth to the Deductible. Any additional amounts recovered shall be paid to the Named Insured. DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 00 03 13Printed in U.S.A. Process Date:07/30/22Policy Expiration Date:09/08/23 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number:52 WECAH6D1UEndorsement Number: Effective Date:09/08/22 Effective hour is the same as stated on the Information Page of the policy.Named Insured and Address:EHS Analytical Solutions Inc 6755 MIRA MESA BLVD SAN DIEGO CA 92121 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk DocuSign Envelope ID: 1E787EA0-115A-4BDC-8BF8-36A156F252F0 ?