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HomeMy Public PortalAboutC-19-020 CRUIKSHANK CONSULTANTS AMENDMENT NO. 6 2023 JUN 7AMENDMENT NO.6 TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES ("Amendment No. 6") by and between the City of Carson, a California municipal corporation ("City") and John M. Cruikshank Consultants, Inc., a California corporation dba JMC2 ("Consultant") is effective as of the 16th day of May, 2023. RECITALS A. City and Consultant entered into that certain Agreement for Contractual Services dated April 2, 2019 ("Agreement") whereby Consultant agreed to provide On -Call Engineering Services. B. City and Consultant amended the Agreement on April 26, 2019 ("Amendment No. I") to decrease the Contract Sum from Five Hundred Thousand Dollars ($500,000.00) to Two Hundred Fifty Thousand Dollars ($250,000.00). C. City and Consultant amended the Agreement on October 6, 2020 ("Amendment No. 2") to increase the Contract Sum from Two Hundred Fifty Thousand Dollars ($250,000.00) to Seven Hundred Fifty Thousand Dollars ($750,000.00), and to extend the term by one (1) additional year to June 30, 2022. D. City and Consultant amended the Agreement on February 1, 2022 ("Amendment No. 3") to increase the Contract Sum from Seven Hundred Fifty Thousand Dollars ($750,000.00) to Eight Hundred Fifty Thousand Dollars ($850,000), and to extend the term by two (2) additional months until August 30, 2022. E. City and Consultant amended the Agreement on June 21, 2022 ("Amendment No. 4") to extend the term by four (4) months until December 30, 2022. F. City and Consultant amended the Agreement on November 15, 2022 ("Amendment No. 5") to extend the term by six (6) months until June 30, 2023 G. City and Consultant now desire to again amend the Agreement to extend the term by one (l) additional year to June 30, 2024. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text in bold italics and deleted text in stri'�n). A. Section I, Exhibit "D," "Schedule of Performance," of the Agreement is hereby amended to read in its entirety as follows: -1- 01007.0006l889243.1 "From April 2, 2019 through dune 30, 202-3 June 30, 2024, Consultant shall provide Services on an on-call basis as set forth in Exhibit A." 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all provisions of the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5 shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 6, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 6, Amendment No. 5, Amendment No. 4, Amendment No. 3, Amendment No. 2, and Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein and Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, and Amendment No. 5. Each party represents and warrants to the other that the Agreement, as amended by Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, and this Amendment No. 6, is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 6, City is not in default of any material tern of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 6, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6. 5. Authority. The persons executing this Amendment No. 6 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 6 on behalf of said party, (iii) by so executing this Amendment No. 6, such party is formally bound to the provisions of this Amendment No. 6, and (iv) the entering into this Amendment No. 6 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] -2- 01007.0006/889243 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. b on the date and year first -above written. ATTEST: Dr. Khaleah ABradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney frill CITY: CITY OF CARSON, a municipal corporation 1 avis -Holmes, Mayor CONSULTANT: .JOHN M. CRUIKSHANK CONSULTANTS, INC. By-- Kam y: v V Name:o in M. Cruikshank Title: President & CEO By:&IIk 'I Na> e: Jennife ruikshank Title: Chief Financial Officer Address: 411 N. Harbor Blvd., Suite 201 San Pedro, CA 90731 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01007.0006/889243.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 6 on the date and year first -above written. ATTEST: Dr. Khaleah K. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rill CITY: CITY OF CARSON, a municipal corporation Lula Davis -Holmes, Mayor CONSULTANT: JOHN M. CRUIKSHANK CONSULTANTS, INC. By: Name: M. Cruikshank Title: Pr sident & CEO By: Q" '" )AAd�l Na e: Jergftq Cruikshank Title: Chief Fi ancial Officer Address: 411 N. Harbor Blvd., Suite 201 San Pedro, CA 90731 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. -3- 01007.0006/889243.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES Soot M1i�14� On 17 , 2023 before me,tA,% • .0�personally appeared it I t41(, proved to me on the basis of satisfactory evidence to be the person whose namesQ> is/ subscribed to the within instrument and acknowledged to me that he/sba/tWy executed the same in his/her/tltir authorized capacity(iml, and that by hisXer/tkbir signatureKon the instrument the person(; or the entity upon behalf of which the person(. acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my EDUARDO ESPINOZA • Notary Public • California 11 Si nature: z Los Angeles County g Commission # 2319355 Comm. Expires Jan 19, 2024 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER i` TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNERS OTHER THAN NAMED ABOVE 01007.0006/889243.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES Ol I/ 2023 before me, Fi'iii personally appeared C (-x ,proved to me on the basis of satisfactory evidence to be the person(() whose names(a) is/are subscribed to the within instrument and acknowledged to me that he/she/tk3ey executed the same in hisATerAheir authorized capacity(iesy, and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. .•,°i>ti EOUARDO ESPINOZA t Notary Public - California Signature:, Los Angeles County >_ r ~ Commission k 23L19,�ZJ024 ��[IFOAN* My Comm. Expires Ja OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01007.0006/889243.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On �J �Z 2023 before me, , persona lyy app d �Jh�l (Z i provedd tto meo n the basis octo evidence t the erson whose name subscribed ry p s is/ a subs bed to the within instrument and ackn ledged to me th he/"!e/ey executed the sam in is/ er/ eir authorized capacity(' and Pat by his/ er heir signaturnn the instrument the person7Oor the en ity upon behalf of which t e person(] acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. PATRICE OLIVE '= Notary Public • California Signature. � �� _` �a Los Angeles County > T = Commission # 23951i73 My Comm. Expires Mar 2. 2025 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE 01007.0006/889243.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 6 on the date and year first -above written. ATTEST: Or. Khaleah K. Bradshaw, City Clerk APPROVED AS TO FORM; ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney frill Y 04 CITY: CITY O CARSON, a municipal corporation r Lu Davis -Holmes, Mayor � UNLZM� CONSULTANT: .JOHN M. CRUIKSHANK CONSULTANTS, INC. By: Name: o in M. Cruikshank Title: President & CEO By: , , Na; e:lennife eVruikshank Title: Chief Financial Officer Address: 411 N. Harbor Blvd., Suite 201 San Pedro, CA 90731 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BV THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. 01007.0006/889243.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES �c►+n �N:Gh4 tl On S i ? , 2023 before me, rdtir.fd o personally appeared C(-Xius�Kn Mr , proved to me on the basis of satisfactory evidence to be the person(ewhose names(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/t13€y executed the same in hisArerLtiSeir authorized capacity0es'j, and that by his/berAheir signature(s) on the instrument the person(g), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. *my EDUARDO ESPINOZA Notary Public • California Signature: �,rt� = Los Angeles County i;Commission # 2319355 Comm. Expires Jan 19, 2024 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNERS OTHER THAN NAMED ABOVE 01007.0006/889243.1 IN WITNESS WHEREOF, the pailies hereto have executed this Amendment No. 6 on the date and year first -above written. ATTEST: Dr. Khaleah K. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rill CITY: CITY OF CARSON, a municipal corporation Lula Davis -Holmes, Mayor CONSULTANT: JOHN M. CRUIKSHANK CONSULTANTS, INC. By: (_Mk� Name: Vofin M. Cruikshank Title: President & CEO By: CA- - PA j1 b Na e: Jennife ruikshank Title: Chief Financial Officer Address: 411 N. Harbor Blvd., Suite 201 San Pedro, CA 90731 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. -3- 01007.0006/889243.1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 2 2023 before me c� FJ persona app d � �2 �; proved to e on the basis of satisfactory evidence t the persorl(s' whose namess/ a subscribed to the within instrument and ac Ledged to me th he/"!e/ey executed the sam in is er/ eir authorized capacity( , and Pat by his heir signature7on the instrument the person�or the en rty upon behalf of which the person(�acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �SE • r1 PATRICE OLIVE • * _ Notary Public California Sl nature. �- _ = .' Los Angeles County g Commission # 2395473 Comm. Expires Mar 2. 2026 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLES) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) NUMBER OF PAGES ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: DATE OF DOCUMENT (NAME OF PERSON(S) OR ENTITY(IES)) SIGNERS OTHER THAN NAMED ABOVE 01007.0006/889243.1 A� Ro® CERTIFICATE OF LIABILITY INSURANCE ATE(MMIDD22YY) P10/8/20 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 AssuredPartners of Washington, LLC A/E Insurance Services 19689 7th Avenue NE, Ste 183, PMB #369 CONTACT Jim Ledbetter CA License #OH74270 PHONE FAX .Q: 360-626-2019 ' J; 360-626-2019 E-MAIL ADDRESS: jim.ledbetter@assuredpartners.com Poulsbo WA 98370 INSURER(S) AFFORDING COVERAGE _ NAIC # INSURER A! QBE Insurance Corporation 39217 INSURED JOHNMCR-01 John M Cruikshank Consultants Inc DBA JMC2 _ _ INSURER B: RLI INSURANCE COMPANY 13056 -- -- 411 N Harbor Blvd, Ste 201 INSURER C : INSURER D: San Pedro CA 90731 INSURER E: PREMISES (Ea occurental $1,000,000 INSURER F: $10,000 COVERAGES CERTIFICATE NUMBER: 1261381554 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. 1114 ;SRT LTR TYPE OF INSURANCE ADDLIS BR POLICY NUMBER POLICY EFF MM/DD/YYYY) POLICY EXP I (MM/DDfYYYY1 LIMITS B X I COMMERCIAL GENERAL LIABILITY Y Y PSB0008537 10/15/2022 10/15/2023 EACH OCCURRENCE 52,000,000 CLAIMS -MADE 1 X I OCCUR PREMISES (Ea occurental $1,000,000 MED EXP (Any one person) $10,000 PERSONAL 8 ADV INJURY_ _ $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 L$4,000,000 POLICYFX] JECOT- n LOC --- PRODUCTS - COMP/OPAGG _ $ ._—__-- OTHER: B AUTOMOBILE LIABILITY Y Y ( PSB0008537 10/15/2022 10/15/2023 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 BODILY INJURY (Per person) $ ANY AUTO I OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) — $ X HIRED X -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ _ I i f Is eUMBRELLA UAB I XCCUR Y Y PSE0004233 10/15/2022 10/15/2023 EACH OCCURRENCE $1,000,000 X EXCESS LIAB CLAIMS -MADE AGGREGATE $1,000,000 DED I I RETENTION $ Is WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? r NIA PER OTH. STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE ---- $ (Mandatory In NH) if yes, describe under DESCRIPTION OF OPERATIONS below ( E.L. DISEASE - POLICY LIMIT $ A Professional Liability N Y ANE4556203 I 10/15/2022 10/15/2023 Per Claim $2,000,000 j Aggregate $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Certificate holder is, when agreed in a contract or agreement, afforded Additional Insured and waiver of subrogation coverage under General Liability Additional Insured form PPB 304G 04 13, products completed PPB 304G 04 13, and is primary and non-contributory. Auto additional insured form PPA 300WA 03 13 and waiver of subrogation PPA 300WA 03 13. City of Carson, its elected and appointed officers, employees, volunteers and agents UtK I WIL:A I t MULUtK Insurance A roved SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Approved THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carson ACCORDANCE WITH THE POLICY PROVISIONS. 701 E Carson St By: KI Caron, CA 90745 AUTHORIZED REPRESENTATIVE Carson CA 90745 Date: 12/12/2022 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: PSB0OM537 RLI Insurance Company Named Insured: John M Cmikshank THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION It — LIABILITY C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard". 2. The insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.2. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION II — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION 11 — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Paoe 1 of 1 Policy Number: PSE0004233 RLI Insurance Company John M Cruikshank THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RL1Pack° FOR DESIGN PROFESSIONALS EXCESS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. General Aggregate Limit — Per Project Or Per Location B. Additional Insured — Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM A. General Aggregate Limit — Per Project Or Per Location Paragraph 2.a. of C. Limits of Liability of SECTION I — INSURING AGREEMENT is deleted and replaced by the following: a. The limit of liability stated in the Declarations as general aggregate is the most we will pay during each policy period for all ultimate net loss, except ultimate net loss because of: (1) injury and damage included in the products - completed operations hazard or; (2) any coverage included in underlying insurance to which no underlying aggregate applies. The general aggregate applies separately to each of your "projects" away from premises owned by or occupied by you or to each of your locations owned by or occupied by you. "Projects" mean an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project' at the same "location" shall be considered a single "project'. For the purposes of this provision, "location" means (1) premises involving the same or connecting lots; (2) premises where connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad; or (3) premises where operations are performed in sections, stages or phases as a continuation of the same contract or agreement, even if the premises do not involve connecting lots. B. Additional Insured — Primary/Non-contributory Paragraph K. Other Insurance of SECTION IV — CONDITIONS is deleted and replaced by the following: K. Other Insurance If other insurance, whether collectible or not, is available to the insured covering a loss also covered by this policy, the insurance afforded by this policy shall be in excess of, and shall not contribute with, such other insurance. However, if the underlying insurance provides coverage to an additional insured on a primary basis, or a primary and non-contributory basis, this insur- ance shall be available to such additional insured on an excess basis over the underlying insurance. We will not share with other insurance which covers such additional insured as a named insured. C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Paragraph L. Subrogation of SECTION IV — CONDITIONS is deleted and replaced by the following: PPU 304 06 10 Page 1 of 2 L. Subrogation In the event of any payment under this policy, the insured must notify us of any of the insured's rights of recovery against any person or organization. We shall be subrogated to all such rights. The insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. However we waive any rights of recovery we may have against any person or organization if the underlying insurance also waives such rights. Any amount recovered through subrogation or otherwise shall be apportioned in the inverse order of payment of the claim or claims involved to the extent of actual payment thereof by all interests. The expenses of all such recoveries and proceedings in connection therewith shall be apportioned in the ratio of respective recoveries. With respect to proceedings conducted solely by us, if there is no recovery, we will bear the expense thereof. If there is a recovery, we shall be reimbursed in full from such recovery for the amount of all expenses incurred by us before apportionment of such recovery as herein provided. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPU 304 06 10 Page 2 of 2 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `--� 5/27/2022 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(les) 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 SUNZ Insurance Solutions, LLC ID: (Optimum) C/O Optimum Employer Solutions, LLC 2530 Red Hill Ave., Suite 200 Santa Ana, CA 92705 CONTACT .NAME: Raquel Castro PHON oEms_-__949-650-7800 x 221—� FAX No►: ___ E-MAIL - ADDRESS: rag uelc@optimumhr.net INSURER(S)AFFORDING COVERAGE _ NAIC # _ INSURER A: United Wisconsin Insurance Company _ 29157 $ INSURED Optimum Employer Solutions, LLC LCF John M Cruikshank Consultants Inc dba JMC2 _- INSURER 8: _ INSURERC: -------- ------ INSURER D: -- 2530 Red Hill Ave. Suite 200 Santa Ana CA 92705 INSURER E: �- $ — -- ---- INSURER F COVERAGES CFRTiFICATF NIIMRFR• aarnzonz RFVI_CIn1J At11MRPR• 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 /NSR LTR TYPE OF INSURANCE A D SUER POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDDNYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 0 OCCUR_ I I EACH OCCURRENCE_ $ PREMISES (Ea occurrence) _ _ $ - MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ I GEN'LAGGREGATE LIMIT APPLIES PER: POLICY n JECOT- LOC GENERAL AGGREGATE _ PRODUCTS _ COMP/OP AGG $ _ OTHER: I - - I $ AUTOMOBILE LIABILITY ANY AUTO I COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person $ OWNED SCHEDULED — AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY I j BODILY INJURY (Per accident) $ _ PROPERTY DAMAGE Per acciden! — $ i UMBRELLA LIAB -I OCCUR I EACH OCCURRENCE $ AGGREGATE _- --__- $ EXCESS LIAB I CLAIMS -MADE I 17 j 7 DED ( RETENTION $ $ ` A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPARTNER/EXECUTIVE OFFICER/M EMBER EXCLUDED? NIA IWC527-00135-022-SZ I WC527-00135-021-SZ 7/1/2022 7/1/2021 X7/1/2023PER 7/1/2022 OTH- `� STATUTE I ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE - ----- $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT I S 1,000,000 DESCRIPTION OF OPERATIONS below j DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Coverage provided for all leased employees but not subcontractors of: John M Cruikshank Consultants Inc dba JMC2 Client Effective: 9/16/2019 taK I ItIC:A 1 t r1VLUtK GANGtLLA I IUN 454 (CA) Cit of Carson SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 70 E Carson St ACCORDANCE WITH THE POLICY PROVISIONS. Caron CA 90745 AUTHORIZED REPRESENTATIVE �- Rick Leonard ' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD