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HomeMy Public PortalAboutC-22-208 - LEIGHTON CONSULTING AMENDMENT NO. 1 2023 SEP 7AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES ("Amendment") by and between the CITY OF CARSON, a California municipal corporation ("City"), and LEIGHTON CONSULTING, INC., a California corporation ("Consultant"), is effective as of the 18th day of July, 2023. City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. City and Consultant entered into that certain Agreement for Contract Services dated October 31, 2022 ("Agreement"), whereby Consultant agreed to provide Phase II environmental site assessment services to assess potential releases of contaminants of concern in support of the City's Carriage Crest Park Expansion Project for the site located at 321 West Sepulveda Boulevard ("Original Scope of Services"), for a not -to -exceed Contract Sum of $23,850. B. City and Consultant now desire to amend the Agreement to increase the not -to - exceed Contract Sum by an additional $28,200 thereby bringing the new total to $52,050, to allow Consultant to conduct delineation sampling around certain areas of concern ("Additional Scope of Services"), as more particularly depicted in the Scope of Services. $10,700 of the additional $28,200 is for contingency services where Consultant will conduct a second round of soil sampling and lab analysis, and provide report updates associated with the Additional Scope of Services only if such additional task is authorized in writing by City's Contract Officer. TERMS 1. Contract Changes. The Agreement is amended as provided herein (new text is indicated in bold italics and deleted text in stFi-kethFough). A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows: "2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximum contract amount of Fifty Two Twenty Tlu Thousand Eight 14un F a Fifty Dollars and Zero Cents ($52,0505?1-59) ("Contract Sum")." B. Exhibit "A" (Scope of Services) of the Agreement is hereby amended to read in its entirety as follows: See attached. C. Exhibit "C" (Schedule of Compensation) of the Agreement is hereby amended to read in its entirety as follows: -1- 01007.0006/902697.2 See attached. D. Exhibit "D" (Schedule of Performance) of the Agreement is hereby amended to read in its entirety as follows: See attached. 2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by the Amendment to the Agreement. 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. 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. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment, City 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. City represents and warrants to Consultant that, as of the date of this Amendment, 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. 5. Authority. The persons executing this Amendment 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 on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] -2- 01007.0006/902697.2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first -above written. ATTEST: I Fff)&LT, Dr. haleaK. Bradshaw, City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [rill CITY: CITY OF CARSON, a municipal corporation la Davis -Holmes, Mayor C,'4 t UNI'1; CONTRACTOR: LEIGHTON CONSULTING, INC., a M on^•do Title: Vice President By:t�t.lnM— Name: Kristen Williams Title: Vice President Two corporate officer signatures required when Contractor 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. CONTRACTOR'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 CONTRACTOR'S BUSINESS ENTITY. -3- 01007.0006/902697.2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment 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 CONTRACTOR: LEIGHTON CONSULTING, INC., a €o ion �1 B Name: I3 rado Title: Vice President By: 4SL �R/&t_— Name: Kristen Williams Title: Vice President Two corporate officer signatures required when Contractor 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. CONTRACTOR'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 CONTRACTOR'S BUSINESS ENTITY. -3- 01007.0006/902697.2 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 , 2023 before me, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Signature: 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)) SIGNER(S) OTHER THAN NAMED ABOVE C-1 01007.0006/902697.2 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 2023 before me, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 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. Signature: 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 01007.0006/902697.2 EXHIBIT "A" SCOPE OF SERVICES I. Consultant (also, "Leighton") will perform the following Services to conduct a Phase II Environmental Site Assessment to assess potential releases of contaminants of concern in support of the City's Carriage Crest Park Expansion Project for the site located at 321 West Sepulveda Boulevard, having APN 7330-007-906 ("Site"). More specifically, the Services will include: Original Scope of Services A. Task 1 - Pre -Field Activities Health and Safetv Plan (HSP In accordance with standard environmental procedures, Leighton will prepare a Site Specific Health and Safety Plan (HSP) describing safety aspects of the work to be performed at the site. The HSP will be in compliance with the Occupational Safety and Health Administration (OSHA) regulation 29 CFR 1910.120. Utility Clearance Leighton will contact Digalert of Southern California at least two full business days prior to the commencement of subsurface field activities to clear public utilities as required by law. Each proposed boring location and/or site boundary will be clearly marked by Leighton in white paint, whiskers, or stakes prior to contacting USA. If subsurface obstructions are identified or encountered, the borehole will be abandoned and relocated within 5 feet to a nearby and cleared location. B. Task 2 - Field investigation — Soil Sampling Leighton will oversee the advancement up to 21 soil borings spaced in a grid pattern across the Site, with one of the borings located in the southwest corner of the Site at the assumed drainage collection system. The borings will be advanced using hand auger and soil samples will be collected from the borings at depths from the surface to 0.5 feet below ground surface (bgs) and 1.0 to 1.5 feet bgs for lithologic description and chemical analysis. Duplicate soil samples will be collected at a rate of 10 percent of the total samples. A total of 42 discrete samples and 4 duplicate samples (46 samples total) will be collected. Soil samples will be retained in 8 -ounce glass jars, clearly marked with sample identification, placed in an ice -cooled chest for temporary storage, and transported to a laboratory for chemical analysis. Chain -of -custody protocol will be followed throughout all phases of the sample handling process. 01007.0006/902697.2 Each soil sample will be field screened using a photoionization detector (PID) to evaluate the soil sample for the presence of volatile organic hydrocarbon vapors. PID readings will be recorded for each soil sample on the field boring log. Down-hole sampling and drilling equipment will be decontaminated between boreholes by washing in a solution of trisodium phosphate and water, rinsing with potable water, final rinsing with distilled water, and allowing to air-dry. If during the advancement of soil borings refusal is encountered, a second attempt will be made within three feet of the original location. If refusal is encountered during the second attempt, the boring will be terminated and the depth of refusal will be noted in the field log and the report. The set of samples collected from the deepest boring will be submitted to the laboratory for analysis per the sampling plan. C. Task 3 - Laboratory Analysis Each of the 23 surface 0.5 foot soil samples (21 samples plus 2 duplicates; 16 total) will be analyzed for OCPs by EPA Method 8081A and arsenic by EPA Method 601013. Six samples will be analyzed for OPPs by EPA Method 8141A, chlorinated herbicides by EPA Method 8151, Title 22 Metals by EPA Method 601013/7471A and Total Petroleum Hydrocarbons by EPA Method 801513. The deeper samples will be placed on hold pending analysis of the 0.5 samples. This includes analysis of up to 20% of the hold samples. D. Task 4 - Report Preparation Leighton will analyze all field and laboratory data and the report will be appropriately illustrated and include boring logs. The report will summarize our findings, conclusions, and recommendations and a draft report will be prepared and submitted to you upon completion. A final report will be submitted that addresses comments provided to the draft report. Additional Scope of Services Consultant will perform additional services described below and as depicted immediately below in the Boring Location Map, to conduct delineation sampling around certain areas of concern. 01007.0006/902697.2 µ•M r SIX a p� Iluss.z nis A. Task I - Pre -Field Activities Health and Safetv Plan (HSP Baring Location Map Gly d Cann 3.1 N1o51 sgo"s da &.d Carson CA�0745 '7east M and 311 as 1 R stm,"i s LEfaENQ and xsx o' 01 coka sandes Y CH Inc 1.9 DZ.:1C 3 �! 1 Eka at Z a?s. Ilk f7l •1. _ t x 1 - *-^7. v Site O.Ang roar. .r 4M . WE _t- 7 bcssbns I - F-Fo .: xaa ler .5lite ' I rW COEcomammomis s R a P+r t�y�7o[oSone i.5f�e E6 f bW�. Irl � 3P fte6•ah3 A. Task I - Pre -Field Activities Health and Safetv Plan (HSP Baring Location Map Gly d Cann 3.1 N1o51 sgo"s da &.d Carson CA�0745 '7east M and 311 as 1 R stm,"i s and xsx o' 01 coka sandes Y CH Inc 1.9 DZ.:1C 3 �! 1 Eka at Z a?s. aocanamt mx..�e.. smraou r..raaa s.r. o�rr roar. .r 4M . WE f// ICghton In accordance with standard environmental procedures, Leighton will update a Site Specific Health and Safety Plan (HSP) describing safety aspects of the work to be performed at the site. The HSP will be in compliance with the Occupational Safety and Health Administration (OSHA)regulation 29CFR 1910.120. Utilitv Clearance Leighton will contact Digalert of Southern California at least two full business days prior to the commencement of subsurface field activities to clear public utilities as required by law. Each proposed boring location andlor site boundary will be clearly marked by Leighton in white paint, whiskers, or stakes prior to contacting USA. If subsurface obstructions are identified or encountered, the borehole will be abandoned and relocated within S feet to a nearby and cleared location. B. Task 2 - Field investigation — Soil Sampling 01007.0006/902697.2 Leighton Consulting will oversee the advancement up to 16 supplemental soil borings (SI through S16) within the northern portion of the Site as depicted on Figure 1. The borings will be advanced using hand auger and soil samples will be collected from the borings at depths from the surface to 0.5 feet below ground surface (bgs) and 1.0 to 1.5 feet bgs for lithologic description and chemical analysis. Samples will also be collected at 2.0 feet bgs around borings SIO andS11. Duplicate soil samples will be collected at a rate of 10 percent of the total samples. A total of 34 discrete samples and 4 duplicate samples (38 samples total) will be collected. Soil samples will be retained in 8 -ounce glass jars, clearly marked with sample identification, placed in an ice -cooled chest for temporary storage, and transported to a laboratory for chemical analysis. Chain -of - custody protocol will be followed throughout all phases of the sample handling process. Down -hole sampling and drilling equipment will be decontaminated between boreholes by washing in a solution of trisodium phosphate and water, rinsing with potable water, final rinsing with distilled water, and allowing to air-dry. If during the advancement of soil borings refusal is encountered, a second attempt will be made within three feet of the original location. If refusal is encountered during the second attempt, the boring will be terminated and the depth of refusal will be noted in the field log and the report. The set of samples collected from the deepest boring will be submitted to the laboratory for analysis per the sampling plan. C. Task 3 - Laboratory Analysis Each of the 16 shallow 0.5 foot soil samples (16 samples plus 2duplicates) will be analyzed for OCPs by EPA Method 8081A. In addition, the 1.5 and 2.0 foot samples from borings SIO and S11 will also be analyzed for OCPs (22 total samples). The deeper samples will be placed on hold pending analysis of the 0.5 samples. D. Task 4 - Report Preparation Leighton will analyze all field and laboratory data and the report will be appropriately illustrated and include boring logs. The report will summarize our findings, conclusions, and recommendations and a draft report will be prepared and submitted to you upon completion. A final report will be submitted that addresses comments provided to the draft report. E. Task 5 — Contingency Tasks If authorized in writing by City's Contract Officer, Leighton will conduct a second round of soil sampling and lab analysis, and provide report updates. 01007.0006/902697.2 II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Task 4 reports for Original Scope of Services and Additional Scope of Services. B. Task S report for Additional Scope of Services. III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports: A. As requested by City's Contract Officer. IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Meredith Church, Principal Geologist B. Others as assigned and subject to availability 01007.0006/902697.2 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shall be compensated in accordance with the following, which will include any and all expenses: Original Scope of Services Task No. Task Description Fee 1 Pre -Field Activities — HSP and Boring Markout $1,950 2 Field Activities — Soil Sampling $6,200 3 Laboratory Analysis $12,100 4 Phase I1 ESA Report $3,600 TOTAL $23,850 Additional Scope of Services Task No. Task Description Fee I Pre -Field Activities — HSP and Boring Markout ,$1,950 2 Field Activities — Soil Sampling $6,200 3 Laboratory Analysis $4,850 4 Phase H ESA Report $4,500 Contingency Task — 2nd round of soil sampling, lab analysis $10,700* and report updates TOTAL $28,200 GRAND TOTAL $52,050 *Only if needed and authorized in writing by City's Contract Officer. II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3. 01007.0006/902697.2 III. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.2. Each invoice is to include: A. Line items for all the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. IV. The total compensation for the Services shall not exceed $52,050$23,850, as provided in Section 2.1 of this Agreement. 01007.0006/902697.2 SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services timely in accordance with the following schedule: A. Task 1 of Original Scope of Services and Additional Scope of Services: 5 to 10 business days following City's issuance of Notice to Proceed B. Task 2 of Original Scope of Services and Additional Scope of Services: 1 business day following completion of Task 1 C. Task 3 of Original Scope of Services and Additional Scope of Services: 5 to 14 business days following completion of Task 2. If additional analysis is recommended by Consultant and undertaken after consent by City, an additional 5 to 14 business days will be needed and provided to Consultant to complete the same. D. Task 4 of Original Scope of Services and Additional Scope of Services: 10 to 15 business days following completion of Task 3 E. Task S of Additional Scope of Services: 66 business days following Contract Officer's authorization to perform contingency task, if any. II. The Contract Officer may approve extensions for performance of the Services in accordance with Section 3.2. 01007.0006/902697.2 VERDALL-01 EMORRIS ---'' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8!4!2023 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 Ames & Gough 8300 Greensboro Drive Suite 980 McLean, VA 22102 CONTACT NAME: PHONE FAX (A/C, No, Ext): (703) 827-2277 (A/c, No):(703) 827-2279 E-MAIL : admin amesgough.com INSURERS AFFORDING COVERAGE NAIC # INSURERA:Allied World Assurance Company U.S. Inc. 19489 INSURED INSURER B:Transportation Insurance Company A XV 20494 INSURERC:Allied World Surplus Lines Insurance Co. A XV 24319 Leighton Consulting, Inc. INSURER D: 2600 Michelson Dr. Ste. 400 Irvine, CA 92612 INSURER E j INSURER F: COVERAGES CERTIFICATE NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUBRLTR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 0313-8888 6/30/2023 6/30/2024 EACH OCCURRENCE $ 1'000'000 DAMAGE TO RENTED 300,000 PREMISES (Ea occurrence) S MED EXP (Any onePerson) $ 25'000 PERSONAL &ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � JECT 17 LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 S OTHER: ( ( B AUTOMOBILE LIABILITY (CEO, .cc SINGLE LIMIT $ 1,000,000 BODILY INJURY Per erson S ANY AUTO 6080642405 6/30/2023 6130/2024 Ix OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident SHIRED NON -AWNED ONLY X AUTOS ONLY PROPERTY DAMAGEAUTOS Per accident $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10'000'000 EXCESS LIAB CLAIMS -MADE 0313-8889 6/30/2023 6/30/2024 AGGREGATE S 10'000'000 DED I X I RETENTION $ 10,000 S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YrN ANY PROPRIETOR/PARTNER/EXECUTIVE RlPXCLUDE/EXECUTIVE �AandatoryEn NH) EXCLUDED? N / A 7015100423 6/30/2023 6/30/2024 X PER OTH- TAT ER E.L. EACH ACCIDENT S 1,000,000 C E.L. DISEASE - EA EMPLOYE S 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S 1,000,000 C Professional 0313-8886 6130/2023 6130/2024 Per Claim 2,000,000 C Liability 0313-8886 6/30/2023 6130/2024 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Cyber Liability Policy #C-4LRY-073428-CYBER-2022 (Insurer: Coalition Insurance Solutions, Inc.) —12/31!22 -12/31/23 — $5,000,000 Per Claim/Aggregate City of Carson, its elected and appointed officers, employees, volunteers and agents are included as additional insured with respect to General Liability, Automobile Liability and Umbrella Liability when required by written contract. General Liability includes Additional Insured coverage for On -Going & Completed Operations as required by written contract. General Liability, Automobile Liability and Umbrella Liability are primary and non-contributory over any SEE ATTACHED ACORD 101 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Insurance Approved THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Carson, 701 E Carson Stree D) ACCORDANCE WITH THE POLICY PROVISIONS. Carson, CA 90745 08/08/23 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: VERDALL-01 LOC #: 1 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY. - & Gough NAMED INSURED 6DMhsnSmes te. 400 2icheloDr. Irvine,., CA 92612 POLICY NUMBER EE PAGE 1 CARRIER EE PAGE 1 NAIC CODE SEE P 1 EFFECnVEDATE: SEE PAGE 1 AQUI I IUNAL KCIVIAKrIJ THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25_ FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract. General Liability, Automobile Liability, Umbrella Liability and Workers Compensation policies include a waiver of subrogation in favor of the additional insured where permissible by state law and when required by written contract. 30 -day Notice of Cancellation will be issued on the General Liability, Automobile Liability, Workers Compensation and Professional Liability policies in accordance with policy terms and conditions. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Main Named Insured: Verdantas LLC Policy #: 0313-8888 ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION SCHEDULE Name Of Additional Insured Person(s) Or Organ izations : Location(s) Any owner, lessee, or contractor whom you have agreed to include as an additional insured under a All locations of the Named Insured fully executed written contract or written agreement, provided that such was executed prior to an "occurrence", loss, injury or damage Solely with respect to the insurance afforded under SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D — GENERAL POLLUTION LIABILITY 1. Insuring Agreements, a. (3) Transported Cargo Pollution Liability and a. (4) Contractors Pollution Liability, it is agreed that the following changes are made to the policy: 1. SECTION II — WHO IS AN INSURED of the policy is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental damage or personal and advertising injury caused, in whole or in part, by: a. Your acts or omissions; or b. 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. However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; (2) The insurance afforded to such additional insured does not apply to a claim, suit, damages, loss bodily injury, property damage, personal and advertising injury, environmental damage, or any other injury, damage, loss, cost, or expense for which insurance is afforded under this policy that arises out of the negligence or willful misconduct of the additional insured; and (3) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide to such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury, property damage, environmental damage, or personal and advertising injury occurring after: ENV-PEP2 01001 00 (01/23) Includes copyrighted material of Insurance Services Page 1 of 2 Offices, Inc., used with its permission a. 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 b. 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. 3. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. All other terms and conditions of the Policy remain unchanged. ENV-PEP2 01001 00 (01/23) Includes copyrighted material of Insurance Services Offices. Inc.. used with Page 2 of 2 its permission Main Named Insured: Verdantas LLC Policy #: 0313-8888 ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION COMPLETED OPERATIONS SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Any owner, lessee, or contractor whom you have agreed to include as an additional insured under a All locations of the Named Insured fully executed written contract or written agreement, provided that such was executed prior to an "occurrence", loss, injury or damage. Solely with respect to the insurance afforded under SECTION I — COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, it is agreed that the following changes are made to the policy: 1. SECTION 11 — 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. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; b. The insurance afforded to such additional insured does not apply to a claim, suit, damages, bodily injury, property damage, or any other injury, damage, loss, cost, or expense for which insurance is afforded under this policy that arises out of the negligence or willful misconduct of the additional insured; and c. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide to such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance. All other terms and conditions of the Policy remain unchanged. ENV-PEP2 01002 00 (01/23) Includes copyrighted material of Insurance Services Offices, Inc., used with its permission Main Named Insured: Verdantas LLC Policy #: 0313-8888 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — SCHEDULED PERSON OR ORGANIZATION It is hereby agreed that the following is added to SECTION IV - CONDITIONS, 20. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for bodily injury, property damage, or environmental damage arising out of your work done under a written contract or agreement 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 below. Schedule Name of Person or Organization: Blanket where required by written contract. All other terms and conditions of this policy remain unchanged. ENV-PEP2 02008 00 (02/23) Main Named Insured: Verdantas LLC Policy #: 0313-8888 POLICY ANNUAL AGGREGATE LIMIT — GENERAL AGGREGATE LIMIT(S) — DESIGNATED PROJECT It is hereby agreed that the following changes are made to the policy: 1. Item 3. LIMITS OF INSURANCE of the Declarations is amended to include the following: Policy Annual Aggregate $4,000,000 2. SECTION III — LIMITS OF INSURANCE is amended to include the following additional provision: The Policy Annual Aggregate Limit shown in paragraph 1. above, is the most we will pay under this policy for the sum of all: a. Damages, medical expense, loss, professional damages, or any other injury, damage, loss, cost, or expense for which insurance is afforded under the General Aggregate Limit shown in Item 3. of the Declarations; and b. Damages, medical expense, loss, or any other damage, loss, cost, or expense for which insurance is afforded under the Designated Project General Aggregate Limit provided separately to each designated project pursuant to the Designated Project General Aggregate Limits Endorsement attached to this policy. All other terms and conditions of this policy remain unchanged. ENV-PEP2 06015 00 (01/23) Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Main Named Insured: Verdantas LLC Policy #: 0313-8888 ADVICE OF CANCELLATION TO OTHERS - DESIGNATED PERSON OR ORGANIZATION It is hereby agreed that SECTION IV — CONDITIONS, 3. Cancellation is amended to add the following: Advice Of Cancellation To Others - Designated Person or Organization In the event that we cancel this policy for any reason other than nonpayment of premium, we will endeavor to mail or deliver by email advice of such cancellation to each person or organization shown in the Schedule below, at the corresponding mailing or email address shown in the Schedule below, at least the number of days shown in the Schedule below prior to the effective date of cancellation, as a courtesy only, provided that the first Named Insured shown in Item 1. of the Declarations: 1. At the time of its receipt of our notice of cancellation is under a written contractual obligation to notify the person or organization of such cancellation; and 2. Has provided us with a valid e-mail or mailing address that is shown in the Schedule below. However, our failure to mail or deliver by email advice such cancellation to the person or organization will not invalidate or otherwise affect the cancellation of this policy or the effective date of cancellation. Schedule Person or Organization E-mail or Address Number of Days Advance Written Notice of Cancellation Blanket where required by written contract. 30 Days All other terms and conditions of this policy remain unchanged. ENV-PEP2 02007 00 (02123) CNA '[I ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT TO MAKE AN ADDITIONAL INSURED UNDER THIS INSURANCE IS AN "INSURED", BUT ONLY WITH RESPECT TO THAT PERSON OR ORGANIZATION'S LEGAL LIABILITY FOR ACTS OR OMISSIONS OF A PERSON WHO QUALIFIES AS AN "INSURED" FOR LIABILITY COVERAGE UNDER SECTION II WHO IS AN INSURED OF THIS COVERAGE FORM 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Policy No: BUA 6080642405 Endorsement Effective Date: Endorsement Expiration Date: Policy Page: 53 of 79 Endorsement No: 16; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 c Copyright CNA All Rights Reserved. CNA Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: VERDANTAS LLC Endorsement Effective Date: 06/30/2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Policy No: BUA 6080642405 Endorsement Effective Date: Endorsement Expiration Date: Policy Page: 75 of 383 Endorsement No: 9; Page: 1 of 1 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 0 Copyright Insurance Services Office, Inc., 2011 CNA NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS It is understood and agreed that: Business Auto Policy Policy Endorsement If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021 XX (02-2013) Policy No: BUA 6080642405 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 26; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 ® Copyright CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-1 9160-B 01-1997) Policy No: WC 7 15100423 Endorsement Effective Date: Endorsement Expiration Date: Policy Page: 31 of 45 Endorsement No: 2; Page: 1 of 1 Underwriting Company: Transportation Insurance Company, 151 N Franklin St, Chicago, IL 60606 0 Copyright CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policyholder Notice NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021 A (02-2013) Policyholder Notice; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 m Copyright CNA All Rights Reserved. Policy No: WC 6 80642422 Policy Page: 21 of 208