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HomeMy WebLinkAboutEEC ENVIRONMENTAL (7) INSURANCE ON F;LE WORK MAY PROCEED UNTIL SURANCk-Ei OIKS A-2025-155 CITY U��P DRTL: 2025 0%pw a (0) AGREEMENT WITH EEC ENVIRONMENTAL TO PROVIDE 3 o 3 e M ed1 nq tp7) WASTE DISCHARGE REQUIREMENT COMPLIANCE SERVICES THIS AGREEMENT is made and entered into on this 16th day of September, 2025 by and between EEC Environmental, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On March 12, 2025, the City issued Request for Proposal No. 25-036, by which it sought a qualified consultant to provide waste discharge requirement compliance services for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work documented in RFP No. 25-036. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work included in RFP No. 25-036, attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed One Million, Eight-Hundred Thousand dollars ($1,800,000), including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated CIearing House(ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 10 3. TERM This Agreement shall commence on the date first written above and terminate on August 18, 2028, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2) additional one (1) year periods, exercisable by a writing by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement;however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"), Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City, City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE Page 2of10 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance; with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. �IheYL-In-su rance-ProviMon The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30) days prior written notice has been given to City. Ten(10)days prior written notice shall be provided to City for policy cancellation Page 3 of 10 or non-renewat due to non-payment of premium. &. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention: Jose Medina, 20 Civic Center Plaza,M-85, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by Page 4 of 10 reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, Page 5of10 direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under.this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms Page 6of10 of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to Iimit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or Page 7 of 10 arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies, Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: EEC Environmental Attn. Jim Kolk, Principal Engineer 1 City Boulevard West, Suite 1800 Orange, CA 92868 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have Page 8 of 10 been given twenty-four{24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a, Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties are superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF S. A ANA Jennifer ll Alvaro Nunez City Cie r City Manager APPROVED AS TO FORNI: SONIA R. CARVALHO CONSULTANT: City Attorney By: , _:r._- '%lee v� Kyle� ellesen JiNi Ko[k Assistant City Attorney Principal ngineer RECOMMENDED FOR APPROVAL: Rod01fo Digitally signed by Rodolfo Rosas Date:2025.08.28 Rosas 14:13:47-07'00' Rudy Rosas, PE Acting Executive Director Public Works Agency Page 10 of 10 a0 CERTIFICATE OF LIABILITY INSURANCE Ef (MMIDDIYYYY)E 7/15/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT INA GMGS Risk Management& Insurance Services PHONE Jennifer Barton FAx 6201 Oak Canyon, Suite 100 A 949-559-3394 AIG No): 949 559-6703 M Irvine, CA 92618 ADDRe : iornifGrb@gmgs.com INSURERS AFFORDING COVERAGE NAIC4 www.gmgs.com OB84519 INSURER A: Greenwich Insurance Company 22322 INSURED INSURER B: Indian Harbor Insurance Company Compary 36940 EEC Environmental INSURERC: Insurance Company of the West 27847 dba:Environmental Engineering & Contracting, Inc. One City Boulevard West, Suite 1800 INSURER0: Orange CA 92868 INSURER I-: INSURER F: COVERAGES CERTIFICATE NUMBER: 86242239 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP POLICY NUMBER MMIDD YYY MM DD/YYYY LIMITS A V COMMERCIAL GENERAL LIABILITY GEC3002766 5/24/2025 5/24/2026 EACH OCCURRENCE $1 000 000 CLAIMS-MADE M OCCUR DAMAGE TO F PREMISES(Ea NTED occurrence $100 OOD MED EXP(Any one person) $10 000 PERSONAL.&ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 JECT LOG PRODUCTS-COMPIDP AGG $2 OOQ 000 POLICY E OTHER: $ A AUTOMOBILE LIABILITY AE00068948 5/24/2025 5/24/2026 EDa accldentSINGLE LIMIT $1 000 000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY{Per accident $ AUTOS ONLY ✓ AUTOSHIRED NON-OWNED ) ✓ AUTOS ONLY ✓ AUTOS ONLY Peer a. Iden�AMAGE $ $ S UMBRELLA LIAB ,/ OCCUR UE00068949 5/24/2025 5/24/2026 EACH OCCURRENCE $2 000 000 ✓ EXCESS LIAB CLAIMS-MADE AGGREGATE $2 0Qo oao DED RETENTION $ C WORKERS COMPENSATION WSD 5066761 03 5/24/2025 5/24/2026 7STATUTE EORH AND EMPLOYERS'LIABILITY Y 1 N OFF CER M MBER EXCLUDED?ECUTIVE I N/A E.L.EACH ACCIDENT $1 QQQ QQQ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1 00Q 000 B Pollution Liability PECO068954 5/24/2025 5/24/2026 Each Poll Occurrence$5,000,000 B Professional Liability PECO068954 5/24/2025 5124/2026 Each Prof Lab Claim$5,000,000 $10,000,000 Aggregate DESCRIPTION OF OPERATIONS 1 LOCATIONS VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached II more space is required) oi9itally9gned Tu Tran byTuTran RE:Water Resources Support Services-RFP No.24-083 Nguyen This certificate may be relied upon only if the certificate addendum referred to heroin is attached hereto. Nguyen DAr.2e25.07.15 09:41 a 1-0T00' APPROVED CERTIFICATE HOLDER CANCELLATION By To Tilan N Uyen at 9.40 am;Jaf 15;2025 RFP No.24-083 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention: Public Works A enCy ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza (M1) Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Griff Griffith jJf J�"�~ ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 86242239 125-26 A/G/U/W/Po11/E60 I Jennifer Barton 1 7/15/2025 9:34:04 AM (PDT) I Page 1 of 19 EEC Environmental POLICY NUMBER:GEC3002766 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket as required by written contract Blanket 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" ',property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the location of the covered operations has been the additional insured(s) at the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 1219 ©Insurance Services Office, Inc., 2018 Page 1 of 2 86242239 1 25-26 A/G/U/W/P011/E&0 I Jennifer Barton f 7/15/2025 9;34:04 AM (PDT) I Page 3 of 19 EEC Environmental POLICY NUMBER:GEc3002766 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract Blanket as required by written contract Information re wired to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these Include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, In whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included 1. Required by the contract or agreement; or in the"products-completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 3712 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 96242239 1 25-26 A/G/U/W/Po11/E60 f Jennifer Barton f 7/15/2025 9;34;04 AM (POT) I Page 5 of 19 EEC Environmental GEC3002766 COMMERCIAL GENERAL LIABILITY CG 24 04 12"19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organizatiion(s): Any person or organization to whom or to which you are obligated by virtue of a written contract to waive your right of recovery. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 0412 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 86242239 1 25--26 A/G/U/W/Po11/E60 I Jennifer Barton 1 7/15/2025 9:34:04 AM {PDT} I Page 7 of 19 (4) Discovery of willful or grossly negligent B. The following provision is added to the acts or omissions, or of any violations of Cancellation Common Policy Condition: state laws or regulations establishing 7. Residential Property safety standards, by you or your representative, which materially This provision applies to coverage on real increase any of the risks insured property which is used predominantly for against. residential purposes and consisting of not more (5) Failure by you or your representative to than four dwelling units, and to coverage on tenants household personal property in a implement reasonable loss control residential unit, if such coverage is written requirements, agreed to by you as a condition of policy issuance, or which( under one of the following: were conditions precedent to our use of Commercial Property Coverage Part a particular rate or rating plan, if that Farm Coverage Part — Farm Property — Farm failure materially increases any of the Dwellings, Appurtenant Structures And risks insured against. Household Personal Property Coverage Form (6) A determination by the Commissioner of a. If such coverage has been in effect for 60 Insurance that the: days or less, and is not a renewal of (a) Loss of, or changes in, our coverage we previously issued, we may reinsurance covering all or part of cancel this coverage for any reason, except the risk would threaten our financial as provided in b. and c. below. integrity or solvency; or b. We may not cancel this policy solely (b) Continuation of the policy coverage because the first Named Insured has: would: (1) Accepted an offer of earthquake (1) Place us in violation of California coverage; or law or the laws of the state where (2) Cancelled or did not renew a policy we are domiciled; or issued by the California Earthquake (!i) Threaten our solvency. Authority (CEA) that included an earthquake policy premium surcharge. (7) A change by you or your representative However, we shall cancel this policy if the in the activities or property of the first Named Insured has accepted a new or commercial or industrial enterprise, renewal policy issued by the CEA that which results in a materially added,increased or changed risk, unless the includes an earthquake policy premium surcharge but fails to pay the earthquake added, increased or changed risk is policy premium surcharge authorized by the included in the policy. CEA. b. We will mail or deliver advance written c. We may not cancel such coverage solely notice of cancellation, stating the reason for because corrosive soil conditions exist on cancellation, to the first Named Insured, at the premises. This restriction (c.) applies the mailing address Shawn in the policy, only if coverage is subject to one of the and to the producer of record, at least: following, which exclude loss or damage (1) 10 days before the effective date of caused by or resulting from corrosive soil cancellation if we cancel for conditions: nonpayment of premium or discovery of (1) Commercial Property Coverage Part — fraud; or Causes Of Loss—Special Form; or (2) 30 days before the effective date of (2) Farm Coverage Part — Causes Of Loss cancellation if we cancel for any other Form — Farm Property, Paragraph D. reason listed in Paragraph 3.a. Covered Causes Of Loss—Special. Page 2 of 4 O Insurance Services Office, Inc., 2019 IL 02 7012 19 86242239 25-26 A/G/UA?/P011/E&0 I Jennifer Barton 1 7/15/2025 9:34:04 AM (PDT) I Page 9 of 19 d. We will not refuse to renew such coverage 3. We are not required to send notice of solely because corrosive soil conditions nonrenewal in the following situations: exist on the premises. This restriction (d.) a. If the transfer or renewal of a policy, without applies only if coverage is subject to one of any changes in terms, conditions or rates, the following, which exclude loss or is between us and a member of our damage caused by or resulting from insurance group. corrosive soil conditions: (1) Commercial Property Coverage Part — b. If the policy has been extended for 90 days Causes Of Loss—Special Form; or or less, provided that notice has been given in accordance with Paragraph C.1. (2) Farm Coverage Part -- Causes Of Loss c. If you have obtained replacement coverage, Form — Farm Property, Paragraph D. or if the first Named Insured has agreed, in Covered Causes Of Loss—Special. writing, within 60 days of the termination of e. If a state of emergency under California the policy, to obtain that coverage. Law is declared and the residential property d. If the policy is for a period of no more than is located in any ZIP Code within or 60 days and you are notified at the time of adjacent to the fire perimeter, as issuance that it will not be renewed. determined by California Law, we may not nonrenew this policy for one year, e. If the first Named Insured requests a beginning from the date the state of change in the terms or conditions or risks emergency is declared, solely because the covered by the policy within 60 days of the dwelling or other structure is located in an end of the policy period. area in which a wildfire has occurred. f. If we have made a written offer to the first However, we may nonrenew: Named Insured, in accordance with the (1) If willful or grossly negligent acts or timeframes shown in Paragraph CA., to omissions by the Named Insured, or his renew the policy under changed terms or or her representatives, are discovered conditions or at an increased premium rate,that materially increase any of the risks when the increase exceeds 25%. insured against; (2) if losses unrelated to the postdisaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. Page 4 of 4 O Insurance Services Office, Inc., 2019 IL 02 70 12 19 86242239 1 25--26 A/G/U/W/Poll/E&D I Jennifer Barton 1 1/15/2025 9:34:04 AM (PDT) I Page 11 of ]9 EEC Environmental AE00068948 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "Insured" is a Named Insured under such an "Insured" under your policy provided that: other insurance; and 1. Such "insured" Is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 96242239 1 25-26 A/G/U/W/Po17./E&0 I Jenniter Barton 1 7/15/2025 9:34:04 AM )PDT) I Page 13 of L9 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 ANY PERSON/ORG ALL CA OPERATIONS WHEN REQUIRED BY WRITTEN CONTRACT Policy Number: WSD 5066761 03 Insured: EEC Environmental Endorsement Effective: 5/24/2025 Coverage Provided by: Insurance Co of the West Issue Date: Countersigned by: WC 99 06 34 (Ed. 8-00) 86242239 1 25-26 A/G/➢/W/P011/E60 I Jennifef Barton 1 7/15/2025 9:34:04 AM {PDT) E Page 15 of 19 PECDO68954 EEC Environmental dba:Environmental Engineering&Contracting, Inc. with a Client. I. Emergency Remediation Expense means Remediation Expense incurred by you on an emergency basis that we determine was reasonable and necessary to mitigate the immediate effects of the Pollution Condition in light of the liability covered under this Policy that can be avoided or reduced by such mitigation. J. Environmental Damage means physical damage into or upon land or structures thereupon,the atmosphere or any watercourse or body of water, including groundwater,caused by a Pollution Condition and resulting in Remediation Expense, Environmental Damage does not include Property Damage. K. First Named Insured means the person or entity stated in Item (1)of the Declarations. L. Green Building Materials means building products or materials that are recognized by The Leadership in Energy and Environmental Design (LEEDO), Green Globes Assessment and Rating System, International Green Construction Code or Energy Star as: I. being environmentally preferable or sustainable; or 2. providing enhanced energy efficiency. M. Insured means each of the following: 1. the First Named Insured; 2. the Named Insured; 3. the Named Insured's current and former directors, partners, principals, members, officers, stockholders, or trustees, but solely while acting within the course and scope of their duties as such; 4. the Named Insured's current and former employees, including Leased Worker, but solely within the course and scope of their employment or lease agreement; 5. the Named Insured's heirs, executors, administrators, assigns or legal representatives in the event of death, incapacity or bankruptcy, but only with respect to the liability of the Named Insured otherwise insured herein; 6. any Predecessor in Interest; 7. any entity newly formed or acquired by the Named Insured during the Policy Period where the Named Insured has greater than fifty percent (50%) ownership, control, or beneficial interest, provided that: a. coverage shall be provided only for Professional Loss and Protective Loss arising out of Professional Services or Design Professional Services or Pollution Loss and Pollution Protective Loss arising out of Contracting Services or Subcontractor Services, for services performed on or after the date of formation or acquisition,subject to the Retroactive Date; and b. this coverage shall expire at the end of the Policy Period or within ninety (90) days of such formation or acquisition of the entity, whichever is earlier, unless you submit written notice to us providing detailed information concerning the newly formed or acquired entity and we agree to accept coverage and issue an endorsement confirming coverage; 8. the Named Insured to the extent of its participation in a legal entity including a limited liability company orjoint venture,but only to the extent of the Named Insured's legal liability for its rendering EVPCPocCP 0424 ©2024 X.L. America, Inc. All Rights Reserved. Page 7 of 29 May not be copied without permission. 86242239 1 25-26 A/G/U/W/Po11/E6G j Jennifer Barton 1 7/15/2025 9:34:04 AM (PDT) I Page 17 of 19 PECO068954 EEC Environmental dba:Environmental Engineering&Contracting, Inc. L. Severability Except with respect to the Limits of Liability and the Self-Insured Retention Amount, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a Claim is made. Any misrepresentation, act or omission that is in violation of a duty, term or condition under this Policy by one Insured shall not by itself affect coverage for another Insured under this Policy. However, this exception shall not apply to the Insured who is a parent, subsidiary or affiliate of the Insured which committed the misrepresentation, act or omission referenced above. M. Sole Agent The First Named Insured shall act on behalf of all Insureds for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or non-renewal and the exercise of the rights provided in SECTION VI—OPTIONAL EXTENDED REPORTING PERIOD, N. Subrogation and Recoupment In the event of any payment under this Policy, we shall have the right to seek recoupment against you in the event we determine no coverage exists and/or be subrogated to all of your rights of recovery against any person or entity and you will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. Any recovery as a result of subrogation proceedings under this Policy shall accrue first to you to the extent of your payments in excess of the Limits of Liability of this Policy; then to us to the extent of our payment under this Policy; and then to you to the extent of your payment of the Self-Insured Retention Amount. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party's share in the recovery bears to the total recovery amount. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost of recovery shall be paid to you. You shall do nothing at any time to prejudice our subrogation rights. However, we waive our right of recovery against any person or entity, except for a Design Professional or Subcontractor, including Subcontractors and subconsultants, as referenced in SECTION I — INSURING AGREEMENTS, A.3. Protective Loss Coverage and B.4. Pollution Protective Loss Coverage, if and to the extent you agreed to waive your right of recovery against such person or entity in a written agreement signed by the Named Insured prior to: 1. the negligent act, error or omission in Professional Services out of which the Claim or request for Rectification Expense arises under SECTION I - INSURING AGREEMENTS, A. Professional Coverages; or 2. the first commencement of a Pollution Condition out of which the Claim or request for Emergency Remediation Expense or Pollution Loss arises under SECTION I - INSURING AGREEMENTS, B. Pollution Coverages. O. Territory This Policy applies to Professional Services and Contracting Services rendered worldwide, provided that the Claim, Protective Claim or Pollution Protective Claim is first brought, and at all times maintained, within the United States, its territories and possessions, or in Canada. EVPCPocCP 0424 O 2024 X.L. America, Inc. All Rights Reserved. Page 28 of 29 May not be copied without permission. 862A2239 1 25-26 A/G/U/W/Pall/E&O I Jennifer Barton 1 7/15/2025 9:34:04 AM (PDT) I Page 19 of 19