2023-05-08_item_4.28_ratify_emergency_replacement_of_two_pumps_at_pond_s5_recycled_water_pump_station_by_amerine_systems_inc

ITEM 4.28

CITY MANAGER' S REPORT
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY EMERGENCY REPLACEMENT OF TWO
PUMPS AT POND S5 RECYCLED WATER PUMP
STATION BY AMERINE SYSTEMS, INC.

RECOMMENDATION: Adopt Resolution Ratifying City Manager' s Approval for Emergency Replacement of Two
Pump Assemblies at Pond S5 Recycled Water
Pump Station by Amerine Systems, Inc.

SUMMARY
In March 2023, the Pond S5 recycled water pump station experienced two pump failures. These pumps are used to convey recycled water from Pond S5 to the City' s recycled water system and typically operate 24 hours a day, 7 days a week.

Staff is requesting Council approve the ratification of City Manager' s approval for the emergency replacement of two critical pump assemblies for Pond S5 recycled water pump station located at the Lathrop Consolidated Treatment Facility ( LCTF) completed by Amerine Systems, Inc. for a cost of $ 79, 590, to be paid from the CTF MBR Sewer Fund ( 6080).

BACKGROUND
In March 2023, two pumps failed at the Pond S5 recycled water pump station that discharges recycled water from the LCTF. These pumps are used to convey recycled water from Pond S5 to the City' s recycled water system, and typically operate 24 hours/ day, 7 days a week. To facilitate continued operation of the pump station, a diesel powered booster pump was used as a temporary solution.

An emergency purchase and installation of two replacement pump assemblies from Amerine Systems Inc. was authorized by the City Manager for a cost of $ 79, 590, and the pumps have since been installed.

Staff requests City Council ratify the City Manager' s approval for the emergency replacement of two critical pump assemblies for the Pond S5 recycled water pump station located at the LCTF completed by Amerine Systems, Inc. for a cost of 79, 590.

REASON FOR RECOMMENDATION
Emergency replacement of the pump assemblies was needed to remain in compliance with the LCTF wastewater discharge permit issued by Central Valley - Regional Water Quality Control Board and maintain operation of the City' s recycled water system.

CITY MANAGER' S REPORT PAGE 2
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
RATIFY EMERGENCY REPLACEMENT OF TWO PUMPS AT POND S5 RECYCLED WATER PUMP STATION BY AMERINE SYSTEMS, INC.

FISCAL IMPACT
Sufficient funds have been allocated in the CTF MBR Sewer Fund 6080- 50- 34- 450- 20- 00 Machines & Equipment to pay the $ 79, 590 cost of the emergency pump replacement.

ATTACH M E NT
A. Resolution Ratifying City Manager' s Approval for Emergency Replacement of Two Pump Assemblies at Pond S5 Recycled Water Pump Station by Amerine Systems, Inc.

B. Fully Executed Emergency Service Contract with Amerine Systems, Inc. to Provide Emergency Replacement of 2 Pump Assemblies at S5 CITY MANAGER' S REPORT PAGE 3
MAY 8, 2023 CITY COUNCIL REGULAR MEETING
RATIFY EMERGENCY REPLACEMENT OF TWO PUMPS AT POND S5 RECYCLED WATER PUMP STATION BY AMERINE SYSTEMS, INC.

APPROVALS
1 FoR I • 2' f • zoz3
Brad Taylor Date
City Engineer
ry' y l a3
Cari J Date
Director Finance
Z' t• 2oz3
Michael King Date
Assistant City Manager
i--S' Zo t,3
Salvador Navarrete Date
City Attorney
23 en J. Salvatore Date
City Manager
RESOLUTION 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

RATIFYING CITY MANAGER' S APPROVAL FOR EMERGENCY REPLACEMENT OF TWO PUMP ASSEMBLIES AT POND S5 RECYCLED WATER PUMP STATION BY AMERINE SYSTEMS, INC.

WHEREAS, in March 2023, two pumps failed at the Pond S5 recycled water pump station that discharges recycled water from the Lathrop Consolidated Treatment Facility; and
WHEREAS, these pumps are used to convey recycled water from Pond S5 to the City' s recycled water system, and typically operate 24 hours/ day, 7 days per week; and
WHEREAS, emergency replacement of the pump assemblies was needed to remain in compliance with the LCTF wastewater discharge permit issued by Central Valley - Regional Water Quality Control Board and maintain operation of the City' s recycled water system; and
WHEREAS, an emergency purchase and installation of two replacement pump assemblies from Amerine Systems Inc. was authorized by the City Manager for a cost of $ 79, 590, and the pumps have since been installed; and WHEREAS, staff requests City Council ratify the City Manager' s approval for the emergency replacement of two critical pump assemblies for the Pond S5 recycled water pump station located at the Lathrop Consolidated Treatment Facility LCTF) completed by Amerine Systems, Inc. for a cost of $ 79, 590; and WHEREAS, sufficient funds have been allocated in the CTF MBR Sewer Fund 6080- 50- 34- 450- 20- 00 Machines & Equipment to pay the $ 79, 590 cost of the emergency pump replacement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby ratifies the City Manager' s approval for the emergency replacement of two critical pump assemblies for the Pond S5 recycled water pump station located at the LCTF completed by Amerine Systems, Inc. for a cost of $ 79, 590.

The foregoing resolution was passed and adopted this 8th day of May 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney

EMERGENCY SERVICE CONTRACT BETWEEN
THE CITY OF LATHROP AND AMERINE SYSTEMS INC.

TO PROVIDE EMERGENCY REPLACEMENT OF 2 PUMP ASSEMBLIES AT S5 THIS SERVICE CONTRACT ( hereinafter " Contract") is made on May { , 2023, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter City") and Amerine Systems Inc. ( hereinafter " Contractor"), whose Taxpayer ldentification Number is 94- 2458533.

For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:

SCOPE OF WORK
Contractor agrees to perform Emergency Replacement of 2 Pump Assemblies at S5 in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibits " A", and incorporated herein by reference. Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' s satisfaction.

The work is being performed as an emergency work as defined in Lathrop Municipal Code

2. 32. 020. Due to eminent risk to health and safety, the City did not have adequate time to follow the public bid process. Pursuant to LMC 2. 36. 080, purchasing procedures may be eliminated in emergency situations to efficiently and timely maintain essential public services and to preserve property. Contractor agrees to complete the work to the satisfaction of City and subject to inspection, or its representatives.

CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on time and materials basis not to exceed $ 79, 590. 00 set forth in Exhibits " A", for Emergency Replacement of 2 Pump Assemblies at S5.

TIME FOR PERFORMANCE
The Contractor shall commence work within five ( 5) days of the Notice to Proceed, and diligently prosecute the work to completion within 30 total working days of Notice to Proceed.

PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.

INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation.

Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.

DocuSign Envelope ID: A42EDE47- 6AOF- 4422- 8E2D- 7479DD77E039

EMERGENCY SERVICE CONTRACT
AMERINE SYSTEMS INC. - TO PROVIDE EMERGENCY REPLACEMENT OF 2 PUMP ASSEMBLIES AT S5.

Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.

NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' s Bid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property.

The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.

CONTRACTOR' S WARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance.

Contractor unqualifiedly warrants all work and materials to be free of defects whether pertormed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.

APPRENTICES
d) The Contractor' s attention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7 of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall

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DocuSign Envelope ID: A42EDE47- 6AOF- 4422- 8E2D- 7479DD77E039

EMERGENCY SERVICE CONTRACT
AMERINE SYSTEMS INC. — TO PROVIDE EMERGENCY REPLACEMENT OF 2 PUMP ASSEMBLIES AT S5.
obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6 and 1777. 7 of the California Labor Code. e) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
fl Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.

HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute a legal day' s work. The Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- five dollars ($ 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty ( 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work perFormed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.

PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.

The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
g) A certified copy of the employee' s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
h) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7 to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
i) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested,

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DocuSign Envelope ID: A42EDE47- 6AOF- 4422- 8E2D- 7479DD77E039

EMERGENCY SERVICE CONTRACT
AMERINE SYSTEMS INC. — TO PROVIDE EMERGENCY REPLACEMENT OF 2 PUMP ASSEMBLIES AT S5.
payroll records have been provided pursuant to paragraph( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made.

The public shall not be given access to such records at the principal office of the Contractor.

The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.

Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual' s name, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.

The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.

In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forFeit twenty-five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.

Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.

PREVAILING WAGES
j) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. (" Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain" public works" and " maintenance" projects. Since this Contract involves an applicable public works" or" maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www.dir. ca. qov/dlsr/PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' s principal place of business and at the Project site.

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DocuSign Envelope ID: A42EDE47- 6AOF- 4422- SE2D- 7479DD77E039

EMERGENCY SERVICE CONTRACT
AMERINE SYSTEMS INC. — TO PROVIDE EMERGENCY REPLACEMENT OF 2 PUMP ASSEMBLIES AT S5.

Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
k) The Contractor and each subcontractor shall forFeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereoffor which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.

INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at CONTRACTOR' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000). In the alternative, CONTRACTOR may rely on a self-insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, orthe CONTRACTOR, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liabilitv Insurance. CONTRACTOR, at CONTRACTOR' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence 1, 000, 000), combined single limit coverage for risks associated with the work contemplated by this Agreement.

If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury,

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DocuSign Envelope ID: A42EDE47- 6AOF- 4422- 8E2D- 7479DD77E039

EMERGENCY SERVICE CONTRACT
AMERINE SYSTEMS INC. — TO PROVIDE EMERGENCY REPLACEMENT OF 2 PUMP ASSEMBLIES AT S5.
including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of CONTRACTOR; premises owned, occupied or used by CONTRACTOR. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONTRACTOR to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California- admitted insurers with a Best' s rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Deductibles and Self- Insured Retentions. CONTRACTOR shall disclose the self- insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self-insured retentions with respect to CITY, its officers, employees, agents, and volunteers.

The CITY Manager may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

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DocuSign Envelope ID: A42EDE47- 6AOF- 4422- 8E2D- 7479DD77E039

EMERGENCY SERVICE CONTRACT
AMERINE SYSTEMS INC. — TO PROVIDE EMERGENCY REPLACEMENT OF 2 PUMP ASSEMBLIES AT S5.
d) Notice of Reduction in Coveraae. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' S earliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Ag reement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' S breach.

INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to pertorm the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.

This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work pertormed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.

SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal

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DocuSign Envelope ID: A42EDE47- 6AOF- 4422- 8E2D- 7479DD77E039

EMERGENCY SERVICE CONTRACT
AMERINE SYSTEMS INC. - TO PROVIDE EMERGENCY REPLACEMENT OF 2 PUMP ASSEMBLIES AT S5.
right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.

COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein.

Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.

INTERPRETATION
I) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. m) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.

APPLICABLE LAW
n) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California. o) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.

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DocuSign Envelope ID: A42EDE47- 6AOF- 4422- 8E2D- 7479DD77E039

EMERGENCY SERVICE CONTRACT
AMERINE SYSTEMS INC. - TO PROVIDE EMERGENCY REPLACEMENT OF 2 PUMP ASSEMBLIES AT S5.

SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Approved as to Form: City of Lathrop
City Attorney

2.d bz3
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Assistant City Manager
Gl,
zo• Zoz3
Michael King Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
S• t•Z3
Step en J. Salvatore Date
City Manager
Contractor: Amerine Systems Inc.
10866 Cleveland Ave# 9709
Oakdale, CA 95361
209) 874- 5986
Fed I D# 94- 2458533
Lathrop Business License# 42182
DocuSigned by:
nu'rui Qwtt, Vlln. t, 4/ 20/ 2023
Signature Date
Garrett Amerine General Manager
Print Name and Title

Page 9 of 9 ends

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DATE: 10/ 20/ 2022
PROJECT: Lathrop WINTP CC Turbine
LOCATION: 18800 Chistopher Way Lathrop
Lead Time Approx 12- 14 weeks
TOTAL PRICE: 7s, 590. 00 Fo 2'
INCLUDES: Material, labor and equipment to install( 2) New Simflo bowl assembly,( 2) New 75 HP motor, New column, New Shafting, New Stuffing box in existing discharge head( We plan on using the existing discharge heads due to discharge height).

EXCLUSIONS: Any changes in scope of work with added costs by Owner. Any coatings or testing requirements will be at added cost.

CUSTOMER SIGNATURE:

DATE:

ANY QUESTIONS OR COMMENTS, PLEASE CONTACT ME.

Garrett Amerine
General Manager
We are a locally based contractor with over 40 years experience. 10866 CLEVELAND AVE. OAKDALE, CA. 95361
209- 847- 5968 EXT 111 FAX 209- 847- 9082
LIC# 493203 DIR# 1000005707
E- Mail-- gda@amerinesys. com
verall Drawing
With Cast
Discharge Head
Customer Name: Amerine Systems Inc.

Project Name: City of Lathrop Goulds
14RJL0- 2 Short Set Replacement, Using
Existing disharge head.

Existing
1 Existin Sole Plate
2 Existing O
10" 150# AN51 Existing 5
3 i Discharge
E__
q
O i O
Existing
Existing
Foundation Plate
Total Pump Dry Weight( Motor- Less):
zaoo ib5.

Flanged Column
Overall Mass Moment of Inertia:

3. 981b ft 2
148. 75" ; (
ro) 3 Section( s)
Impeller Operating Height( Setting):

0.250 in.

Maximum OD: Consult 51MFL Setting Code& IOM
19• 6g
TP for Setting Procedure)
Strainer/ Suction
192. 00"
Rotating Assembly Weight:
171. 041bf.

Hydraulic Thrust:

TBD"

10. 75" 20$ 4. 541bf.

Ports( As Applicable}:

U1 - 1/ 4 in. NPT Gauge tap
6 14. 00" 3/ 4 in. NPT Drain tap
Q3 - 3/ 4 in. NPT PrelubeJARV tap
4 -( 1/ 2, 3/ 4, 1) in. NP7tap
p) 36. 75" US - 2 in. NPS tap
ti) 2g. 91
Note: See Curve Data for NPSHR Minimum Required
Submergence) Note: Consult IpM
Note: Consult Start- Up Checklist

6. 50" Basket 5trainer
Specified by Customer
I

19. 69" ti)- Subject to Change
TlT77TlTl'Tl Pending Engineeering Review
Company: SIMFLO e
Name: City of Lathrop Goulds 14RJL0- 2 Replacem
D e: 10l20/ 2022
Pump: 3earch Crfteria:

Size: SM14L( 2 stage) Flow 1600 US gpm Head: 150 ft
Type: VERTTURBINE Speed: 1785 rpm
Synch Speed: 18W rpm Dia: 11 in
Fluid:

Curve: SM14L. Q4. T.4646. 0721 Impelier: SM14L
Water Temperature: 68° F
SG: 1 Vapor Pressure: 0. 3391 psi a
Specific Speeds: Ns: 3477 scosity. 0. 9946 cP Atm Pressure: 14. 7 psi a Nss: 15234
NPSHa: --
Dimensions: Suction: 10 in
Discharge: 10 in Motor.

Vertical Turbine: Bo+n+ i Size: 14 in Standard: NEMA Size: 75 hp Max Lateral: 1. 31 in Enclosure: TEFC Speed: 180Q rpm
Thrust K Factor: 18 ibf/ft Frame: 365T
Siang Criteria: Mau Power on Design Curve
Pump Umits:

Temperature: — Power: 887 hp mP Selection Wamirtgs:

Pressure: 425 psi g Eye Area: 49. 1 ittz The pump's h ad at the design flow rate is belaw the design point head value.

Sphere Siae: 1. 31 in
DUty POirlt---- t 1. 5 in
Flow: 1584 US gpm
Head: 147 ft 250 11. 125
in
Eff: 78. 8°/a
Power: 74.6 hp

10. ' `
sQ
NPSHr: 7. 73 ft 67
200 7 \
D88 g1't(' iUfV B---- 74
Shufoff Head: 241 ft 77
Shutoff dP: 104 psi
67 Min Flow: 464 US m
150
70 BEP: 81% @ 1857 US gpm
74 77
s
8t
NOL Power.

74.9 hp @ 1477 US gpm 100 hp
Mia c Curve- ao eo
7a
Max Ponver:
7 7p67
89 hp @ 1772 US gpm a
60 70
50 67
60 75 hp
60 hp
50 hp
40 0 1000 1500 2000 2500 3000
20 azN p
500 1000 1500 2000 2500 300Q
US gpm
Perfarmence Evaluation:

Fiow Speed Head E ciency Power NPSHr
US gpm rpm ft a hp ft
1920 i785 119 80. 7 71. 6 10. 1
1600 1785 146 79 74. 6 7. 82
1280 1785 168 72. 6 74. 7 6. 13
960 1785 187 61. 8 73. 2 5. 04
640 1785 204 45. 8 71. 7 4. 46
Section 202
Date 2/ 1 Q/ 10
SM14L
1770 RPM
ONE ( }
5"E' AGE STAGE
A= 1I i00" I i5
B= 70.7; 0,
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1 300 G00 9l1( I 12U0 l500 1800 2100 2400 270U 000
U. S. GALLONS PER MINUTE
IMPELLER TYPE = E vC OSE STD. SHAFT D1A. 2. 187" N0. EFF. B. E. P. EFF.

IMPELLER NQ. SM14L MAX. SHAFT DIA. 2. 187 STAGES CHANGE MA7ERIAL CHANGE IMPELLER WT. - LBS. - 27. 4 STD. LA7ERAL ZS 1 3 IMP.- C. I. 0 ONE STAGE WT.- LBS. = 540. 0 DISCHARGE SIZES = 10"! 12" 2 2 IMP.- NI- RI 2 ADD' L S7AGE WT.- LBS.= 225. 0 SEJCTIQN SIZES IO"; BELL 3 I IMP. - S. S. 3 MAX. SPHERE SIZE = 1. 31" ONE STAGE WRZ 1. 933 4 0 SQWL- BRZ. - I MIN, SUBMERGENCE" 14" 5 BOWL- NI- RI • i
CONSULT FACTORY v16. 1 BOLNL- S. S. 2

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I i 1 i I

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5UBMERSIBLE TURBIN LINESHAFT TURBINE
AMERSYS- 01 LBORDELON
A
oRo' CERTIFICATE OF LIABILITY INSURANCE DAT5/ 3/ 20 3'
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 CANTACT LIIlCIB BOI' CI@IOII CISR Elite
Micheletti Alternative Insurance Solutions PHONE FAx
300 Banner Ct. Suite 1
lac, No, eXc: ruc, No:

Modesto, CA 95356 aoR Ess: nda@michelettiins. com
INSURER S AFFORDING COVERAGE NAIC#
INSURERA: OIIIO S@CUPI Insurance Com an 24082
INSURED INSURER B: Afll@ IC811 FI @& C8SU8I '. Ofll an 24 66 Amerine Systems Inc. ir,suReR c: Homesite Insurance Com an 10866 Cleveland Avenue INSURER D:

Oakdale, CA 95361
INSURER E:

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
7ypE OF INSURANCE

ADDL SUBR
pOLICY NUMBER

POLICY EFF POLICY EXP

LIMITS LTR IN D WVD MM/ DDIYYW MM/ ODIYYW

A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE OOO, OOO CLAIMS- MADE X OCCUR BK056632374 5/ 1/ 2023 5/ 1/ 2024 DAMAGE TO RENTED 300, Q 0 X PREMISES Ea occurrence S
MEDEXP An one erson $
PERSONAL& ADV INJURY $ OOO, OOO
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Z, OOO, OOO POLICY jE X LOC PRODUCTS- COMP/ OP AGG $

Z, OOO, OOO
OTHER:

B AUTOMOBILE LIABILITY

COMBINED SINGLE LIMIT I, OOO, OOO
Ea accident S
X ANY AUTO BAW56632374 5/ 1/ 2023 5/ 1/ 2024 gODILY INJURY Per erson $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident $

X HIRED X NON- OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident

C UMBRELLA LIAB X OCCUR EACH OCCURRENCE
3, 000 000
X EXCESS LIAB CLAIMS- MADE CXP- 018812- 00 5/ 1/ 2023 $/ 1/ 2 24

AGGREGATE
3,,
DED RETENTION$ g

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITV
y N

ATUTE ER
ANY PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT
OFFICER/ MEMBER EXCLUDED? N A
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached' rf more space is required) City of Lathrop is named as additional insured per the attached form.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Lathro

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y p ACCORDANCE WITH THE POLICY PROVISIONS.
390 Towne Centre Drive
Lathrop, CA 95330
AUhIORIZED REPRESENTATIVE
C; 71w Vn
ACORD 25( 2016/ 03) O 1988- 2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
Amerine Systems, Inc.

Policy# BKO 56632374

COMMERCIAL GENERAL LIABILITY
Eff: 5/ 1/ 22- 5/ 1/ 23
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX

SUBJECT PAGE
NON- OWNED AIRCRAFT 2
NON- OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY - ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU ( Tenant' s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON- CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR " LIMITS OF INSURANCE" 6

WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/ MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8

WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
0 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 Policy# BK056632374
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

A. NON- OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:

1. It is not owned by any insured;

2. It is hired, chartered or loaned with a trained paid crew;

3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and

4. It is not being used to carry persons or property for a charge.

However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess ( other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision.

B. NON- OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A- Bodily Injury And Property Damage Liability, Subparagraph ( 2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:

This exclusion does not apply to:
2) A watercraft you do not own that is:
a) Less than 52 feet long; and
b) Not being used to carry persons or property for a charge.

C. PROPERTY DAMAGE LIABILITY - ELEVATORS

1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraphs ( 3), ( 4) and ( 6) of exclusion j. Damage To Property do not apply if such " property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.

2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance:

The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.

D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU ( Tenant's Property Damage) o
If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:

1. Under Paragraph 2. Exclusions of Section I - Coverage A- Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following:

Paragraphs ( 1), ( 3) and ( 4) of this exclusion do not apply to " property damage" ( other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
i) Premises rented to you for a period of 7 or fewer consecutive days; or ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days.

Paragraphs ( 1), ( 3) and ( 4) of this exclusion do not apply to " property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance.
0 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 Policy# BK056632374
b. The last paragraph of subsection 2. Exclusions is replaced by the following:

Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance.

2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of " property damage" to:
a. Any one premise:
1) While rented to you; or
2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement.

3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU ( Tenant' s Property Damage) - Paragraph 9. a. of Definitions is replaced with the following:

9. a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an " insured contract".

E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:

Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph b) of Paragraph a. is replaced by the following:
b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B

1. Under Supplementary Payments - Coverages A and B, Paragraph 1. b. is replaced by the following:
b. Up to $ 3, 000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.

2. Paragraph 1. d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or " suit", including actual loss of earnings up to $ 500 a day because of time off from work.

G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT

1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for " bodily injury", " property damage" or " personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the " bodily injury" or " property damage" occurs, or the " personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 Policy# BK056632374
b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions:
1) This insurance does not apply to " bodily injury", " property damage", or " personal and advertising injury" arising out of the operations performed for the state or political subdivision; 2) This insurance does not apply to " bodily injury" or " property damage" included within the completed operations hazard".
3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards:
a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or b) The construction, erection, or removal of elevators; or c) The ownership, maintenance, or use of any elevators covered by this insurance.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

With respect to Paragraph 1. a. above, a person' s or organization' s status as an additional insured under this endorsement ends when:
1) All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or 2) That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

With respect to Paragraph 1. b. above, a person' s or organization' s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends.
o With respects to Paragraph 1. c. above, this insurance does not apply to any " occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.
m The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the " bodily injury" or " property damage".

We have no duty to defend an additional insured under this endorsement until we receive written notice of a " suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions. 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 Policy# BK056632374

2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.

Exclusions under Section I - Coverage A- Bodily Injury And Property Damage Liability:

This insurance does not apply to:
a. " Bodily injury" or " property damage" arising from the sole negligence of the additional insured. b. " Bodily injury" or " property damage" that occurs prior to you commencing operations at the location where such " bodily injury" or " property damage" occurs. c. " Bodily injury", " property damage" or " personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2) Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the " occurrence" which caused the " bodily injury" or " property damage", or the offense which caused the personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.
d. " Bodily injury" or " property damage" occurring after:
1) All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or 2) That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perForming operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy.

3. With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
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 shown in the Declaratio ns.

H. PRIMARY AND NON- CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.

Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
a. The following is added to Paragraph a. Primary Insurance:

If an additional insured' s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured' s policy for damages we cover.
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 Policy# BK056632374
b. The following is added to Paragraph b. Excess Insurance:

When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non- contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured.

Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies.

I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR " LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.

1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:

An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an " occurrence" or an offense that may result in a claim or " suit" under this insurance to us;
b. Tender the defense and indemnity of any claim or " suiY' to all insurers whom also have insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a" suiY' by the additional insured.

2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy.

J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/ MALPRACTICE

WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2. a.( 1) of Section II - Who Is An Insured is replaced with the following:
1) " Bodily injury" or " personal and advertising injury":
a) To you, to your partners or members ( if you are a partnership or joint venture), to your members ( if you are a limited liability company), to a co-"employee" while in the course of his or her employment or perForming duties related to the conduct of your business, or to your other " volunteer workers" while performing duties related to the conduct of your business; b) To the spouse, child, parent, brother or sister of that co-" employee" or " volunteer worker" as a consequence of Paragraph ( 1) ( a) above;
c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs ( 1) ( a) or ( b) above; or d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision ( Paragraph ( d)) does not apply.

Paragraphs ( a) and ( b) above do not apply to " bodily injury" or " personal and advertising injury" caused by an " employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the " employee's" job responsibilities assigned by you, includes the direct supervision of other " employees" of yours. However, none of these " employees" are insureds for " bodily injury" or " personal and 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Policy# BK056632374
advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause " bodily injury" or " personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances.

The coverage provided by provision J. is excess over any other valid and collectable insurance available to your " employee".

K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II - Who Is An Insured is replaced by the following:

3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you;
b. Coverage A does not apply to " bodily injury" or " property damage" that occurred before you acquired or formed the organization; and
c. Coverage B does not apply to " personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision.

L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Representations:

Your failure to disclose all hazards or prior " occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior " occurrences" is not intentional.

M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit:

Knowledge of an " occurrence", offense, claim or " suiY' by an agent, servant or " employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph

N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state.

O. BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:

3. " Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 Policy# BK056632374
P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following:
a. Expected Or Intended Injury
Bodily injury" or " property damage" expected or intended from the standpoint of the insured.

This exclusion does not apply to " bodily injury" or " property damage" resulting from the use of reasonable force to protect persons or property.

Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A

CONTRACT OR AGREEMENT WITH YOU
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us:

We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or " your work" done under a contract with that person or organization and included in the " products- completed operations hazard" provided:

1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and

2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 AMERSYS- 01 LBORDELON
ACORL7A CERTIFICATE OF LIABILITY INSURANCE

DATE MM/ DD/VWY)
5/ 3/ 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.

PRODUCER CONTACT Linda Bordelon, CISR Elite
NAME:

Micheletti Alternative Insurance Solutions PHONE FAX
300 Banner Ct. Suite 1
1ac, No, exc: ac, No:

Modesto, CA 95356 ADDR ESS: IIlCIB@R11CI7@I@ttII11S. CO Y1 INSURER S AFFORDING COVERAGE NAIC#
iNsuReaa: Redwood Fire& Casual Insurance Com an 11673
INSURED INSURER B:

Amerine Systems, IIIC. INSURER C:
10866 Cleveland Avenue INSURER D:

Oakdale, CA 95361
INSURER E:

INSURER P:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSR
7ypE OF INSURANCE

ADDL SUBR
pOLICY NUMBER

POLICY EFF POLICY EXP
LIMITS LTR INSD WVD MM/ DD/ YYYY MM/ DDIYYri

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS- MADE OCCUR DAMAGE TO RENTED
PREMISES Eaoccurrence $
MED EXP An one erson $
PERSONAL 8 ADV INJURY $
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY jE LOC PRODUCTS- COMP/ OP AGG $
OTHER:

AUTOMOBILE LIABILITY

COMBINED SINGIE LIMIT
Ea accident S
ANY AUTO BODILY INJURY Per erson $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident $
HIRED NON pWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident

UMBRELLA LIAB OCCUR EACH OCCURRENCE

EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$ g

A WORKERS COMPENSATION X
PER OTHANDEMPLOYERS' LIABILITY
AMWC449357 1/ 1/ 2023 1/ 1/ 2024

TAT TE ER
1, 000, 000 ANYPROPRIETOR/ PARTNER/ EXECUTIVE Ya N A
X E. L. EACHACCIDENT
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH) E. L. DISEASE- EA EMPLOYEE $
If yes, describe under 1, 000, 000
DESCRIPTION OF OPERATIONS below E. L DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached' rt more space is required) Waiver of Subrogation applies per the attached form# WC 99 04 10B

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Lathro

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y P ACCORDANCE WITH THE POLICY PROVISIONS.

The ACORD name and logo are registered marks of ACORD
WORFCERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POlECY WC 99 0410B Ed. 9- 14}

WAIVER OF OUR RIGHT TU RECOVER FROM OTH RS ENDORSEMEI T- CALIFORNIA

BLANKET BASIS
We have the righf to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organiza# ion named in the Schedule. ( This agreement appl ies only to the extenf that you perform work under a written contract that requires you to obtain this agreernent from us.) The additional premium for this endorsement shal! be 2% af the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 350.

This agreament shall not operate directly or indirectEy to benefit anyone not named in the Schedule.

SCHEDlJLE

BLANK T WAIVER
PersonlOrganization Blanket Waiver— Any person or organization for whom the Named Insured has agreed by written contracf to furnish this waiver.

Job Description Waiver Premium
All CA Operations 1349. 00
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

The information below is required only when this endorsement Is issued subsequent to preparatlon of the policy.) Endorsement Effec#ive 1/ 1/ 2023 Policy No. AMWC449357 Endorsement No.

Insured Amerine Systems, Inc.

Premium$
Insurance Company Redwood Fire And Casualty Insurance
Countersigned by
WC 99 0410B
Ed. 9- 14)
1 AMERSYS- 07 LBORDELON
ACORO'

CERTIFICATE OF LIABIUTY INSURANCE

DATE MMIDDIYYYY)
5/ 3/ 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.

PRODUCER CONTACT LIIlCIB BOfCI@IOII CISR Elite
NAME:

Micheletti Alternative Insurance Solutions PHONE Fnx
300 Banner Ct. Suite 1
lac, No, exc: ac, No:

Modesto, CA 95356 E A
ADDRESS: linda@michelettiins. com
INSURER S AFFORDING COVERAGE NAIC#
iNsuReRa: Redwood Fire& Casual Insurance Com an 11673
INSURED INSURER B:

Amerine Systems, If1C. INSURER C:
10866 Cleveland Avenue INSURER D:

Oakdale, CA 95361
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSR
7ypE OF INSURANCE

ADDL SUBR
pOLICY NUMBER

POLICY EFF POLICY EXP

LTR INSD WVD MMIDDIVVW MMIDDIYYYY LIMITS

COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

CLAIMS- MADE OCCUR DAMAGE TO RENTED
PREMI aoccurrence S
MED EXP An one erson $
PERSONAL& ADV INJURY $
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS- COMP/ OPAGG $
OTHER:

AUTOMOBILE LIABILITY

COMBINED SINGLE LIMIT
Ea accident 8
ANY AUTO BODILY INJURY Per erson $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident $
HIRED NON- pWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident

UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCE55 LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
A WORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITY

X TAT TE ER
ANYPROPRIETOR/ PARTNER/ EXECUTIVE Ya N, A
X AMWC344692 1/ 1/ 2022 1/ 1/ 2023 Q 000
OFFICER/ MEMBER EXCLUDED?
E. L. EACH ACCIDENT
Mandatory in NH)
E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
1, 000, 000 DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLES ( ACORD 701, Additional Remarks Schedule, may be attached if more space is required) Waiver of Subrogation applies per the attached form# WC 99 04 10B

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Clt Of LBthl' O

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN y p ACCORDANCE WITH THE POLICY PROVISIONS.

The ACORD name and logo are registered marks of ACORD
WORKERS COMPENSA710N AND EMPLOYERS LIABILITY INSURANCE POLECY WC 99 0410B Ed. 9- 14}

WAIVER OF OUR RIGHT TO RECOVER FROIUI OTHERS ENDORSEMENT- CALIFORNIA BlANKET BASIS
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 organfzation named in the Schedule. ( This agreement appl ies only to the extent that you perform work under a written contract that requires you fo obtain this agreernent from us,) The addiEional premium for this endorsement shall be 2% af the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 350.

This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

SCHEDULE
BLANKET WAlVER
PersonfOrganizatian Blanket Waiver— Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

Job Description Waiver Premium
All CA Operations 1349. 00
This endorsement changes the policy to which it is attached and is effective on the date issued unless ofherwise stated. 7he information belaw is required only when this endorsemen4 Is issued subsequent to preparatlon of the policy.) Endorsement Effec#ive 1/ 1/ 2022 Policy Na. AMWC344692
ndorsement No.

Insured Amerine Systems, Inc.

Premium$
fnsurance Company Redwood Fire And Casualty Insurance
Countersigned by
WC 89 0410B
Ed. 9- 14)
AMERSYS- 01 LBORDELON
ACOR'

CERTIFICATE OF LIABILITY INSURANCE

DATE MM/ DDIYYYY)
5/ 3/ 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.

PRODUCER CANTACT Linda Bordelon, CISR Elite
Micheletti Alternative Insurance Solutions PHONE Fnx
300 Banner Ct. Suite 1
ac, No, eXc: ruc, No:

Modesto, CA 95356 ADDR ESS: IIIlCI1 UeIIIICFI@I@ IIIIS. CO l1 INSURER S AFFORDING COVERAGE NAIC#
INSURERA: OIl10 S@CUPI Insurance Com an 24082
INSURED INSURERB: A YI@ IC811 FI @& C8SU8It COfll an 24 66 Amerine Systems Inc. NsuReR c: National Union Fire Insurance Com an 19445 10866 Cleveland Avenue INSURER D:

Oakdale, CA 95361
INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSR
7ypE OF INSURANCE

ADDL SUBR
pOLICY NUMBER

POLICY EFF POLICY EXP

LTR INSD WVD MMIDDIYYYY MM/ DDIYYYY IMITS

A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE

OOO, OOO
CLAIMS- MADE X OCCUR BK056632374 5/ 1/ 2022 5/ 1/ 2023 DAMAGE TO RENTED 300, X PREMISE Eaoccurrence S MEDEXP An one erson $
PERSONAL& ADVINJURY $

OOO, OOO
GEN' L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2, 000, 000 POLICY ER LOC PRODUCTS- COMP/ OPAGG $ 2, 000, 000
OTHER:

B AUTOMOBILE LIABILITY

COMBINED SINGLE LIMIT I, OOO, OOO
Ea accident S
X ANYAUTO BAW56632374 5/ 1/ 2022 5// 2023 BODILYINJURY Per erson $

OWNED SCHEDULED
AUTOS ONLY AUTOS BODILY INJURY Per accident $
X HIRED X NON- pWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY Per accident
C UMBRELLA LIAB X OCCUR EACH OCCURRENCE3, 000, 000
X EXCESS LIAB CLAIMS- MADE 06842927$ 5// 2022 5/ 1/ 2023

AGGREGATE
3,,
DED RETENTION$
WORKERS COMPENSATION PER OTHAND EMPLOYERS' LIABILITY
Y N

STATUTE ER
ANY PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT
OFFICER/ M MBER EXCLUDED? N I A
Mandatory m NH) E. L. DISEASE- EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below E. L DISEASE- POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Lathrop is named as additional insured per the attached form.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit Of Lath O

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN Y p ACCORDANCE WITH THE POLICY PROVISIONS.
390 Towne Centre Drive
Lathrop, CA 95330

The ACORD name and logo are registered marks of ACORD
Amerine Systems, Inc.

Policy# BKO 56632374 COMMERCIAL GENERAL LIABILITY
Eff: 5/ 1/ 22- 5/ 1/ 23
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
INDEX

WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 Policy# BK056632374
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

1. It is not owned by any insured;

2. It is hired, chartered or loaned with a trained paid crew;

4. It is not being used to carry persons or property for a charge.

This exclusion does not apply to:
2) A watercraft you do not own that is:
a) Less than 52 feet long; and
b) Not being used to carry persons or property for a charge.

C. PROPERTY DAMAGE LIABILITY - ELEVATORS

2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance:

The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.

D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU ( Tenant' s Property Damage) o
If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:

Paragraphs ( 1), ( 3) and ( 4) of this exclusion do not apply to " property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days.

2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:

3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU ( Tenant' s Property Damage) - Paragraph 9. a. of Definitions is replaced with the following:

E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:

G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT

1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for " bodily injury", " property damage" or " personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the perFormance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the " bodily injury" or " property damage" occurs, or the " personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or
2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 Policy# BK056632374
b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or
d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions:
1) This insurance does not apply to " bodily injury", " property damage", or " personal and advertising injury" arising out of the operations performed for the state or political subdivision; 2) This insurance does not apply to " bodily injury" or " property damage" included within the completed operations hazard".
3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards:
a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or b) The construction, erection, or removal of elevators; or o
c) The ownership, maintenance, or use of any elevators covered by this insurance.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

With respect to Paragraph 1. a. above, a person' s or organization' s status as an additional insured under this endorsement ends when:
1) All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or 2) That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perForming operations for a principal as a part of the same project.

The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the " bodily injury" or " property damage".

2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.

Exclusions under Section I - Coverage A- Bodily Injury And Property Damage Liability:

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the " occurrence" which caused the " bodily injury" or " property damage", or the offense which caused the personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.
d. " Bodily injury" or " property damage" occurring after:
1) All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured( s) at the location of the covered operations has been completed; or 2) That portion of " your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy.

3. With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance:

This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns.

H. PRIMARY AND NON- CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form 0 or endorsement under this policy.

Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows:
a. The following is added to Paragraph a. Primary Insurance:

1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:

J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/ MALPRACTICE

WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2. a.( 1) of Section II - Who Is An Insured is replaced with the following:
1) " Bodily injury" or " personal and advertising injury":
a) To you, to your partners or members ( if you are a partnership or joint venture), to your members ( if you are a limited liability company), to a co-" employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other " volunteer workers" while performing duties related to the conduct of your business; b) To the spouse, child, parent, brother or sister of that co-" employee" or " volunteer worker" as a consequence of Paragraph ( 1) ( a) above;
m
c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs ( 1) ( a) or ( b) above; or d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision ( Paragraph ( d)) does not apply.

The coverage provided by provision J. is excess over any other valid and collectable insurance available to your " employee".

K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II - Who Is An Insured is replaced by the following:

L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Representations:

1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of occurrences", offenses, claims or " suits" shall have received such notice from the agent, servant or employee".
o N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is m
effective in your state.

O. BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:

This exclusion does not apply to " bodily injury" or " property damage" resulting from the use of reasonable force to protect persons or property.

Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A

CONTRACT OR AGREEMENT WITH YOU
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us:

1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and

2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. 0 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8

Lathrop City CouncilMay 8, 2023

Lathrop City Council
May 8, 2023