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TRUSTAR ENERGY LLC (3)
N � , YiAA RocEE A-2021-149 4 INSURANCE EXPIRES �r to - a - c -a- N Oh COUNCIL a-:.. G: CO © : PWtl 0-� WVt "OoltjP' ENVIRONMENTAL ATTRIBUTE AGREEMENT This ENVIRONMENTAL ATTRIBUTE AGREEMENT (this "Agreement") is made and entered into effective as of August 17, 2021 ("Effective Date"), by and between TruStar Energy LLC, a Delaware limited liability company ("TruStar"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City") (each a "Party" and collectively, the "Parties"). All defined terms not specifically defined in the Recitals shall be as defined in Section 1.1 herein. RECITALS WHEREAS, TruStar is a marketer of Biogas, Biogas-derived CNG, and the Environmental Attributes associated therewith; and WHEREAS, City dispenses compressed natural gas for use as a Vehicle Fuel at a Station that it operates; and WHEREAS, in accordance with the RFS, LCFS, and other applicable Law, TruStar desires to ascribe the Environmental Attributes to the CNG dispensed by City for use as Vehicle Fuel such that the CNG is Biogas-derived CNG, and in order for the Environmental Attributes to be properly generated and for TruStar to receive the benefits thereof, (i) TruStar needs certain documentation evidencing the dispensing of the Biogas-derived CNG as a Vehicle Fuel, and (ii) City desires and is willing to provide such documentation; and WHEREAS, in exchange for the ascription of the Environmental Attributes to the dispensing of such CNG and provision of related documentation to TruStar as provided herein, City will receive a Gas Discount from TruStar. NOW, THEREFORE, in consideration of the premises and the respective promises, conditions and agreements contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, TruStar and City do hereby agree as follows: ARTICLE 1 DEFINITIONS Ll Definitions. Unless the context specifically indicates otherwise, for purposes of this Agreement, including the foregoing Recitals, the following terms shall have the meanings indicated below: a. `Biogas" means methane derived from various sources, processed at the Station, and measured in MMBtu that: meets the qualifications for D3 R1Ns (i.e., cellulosic biofuel) under the EPA's RFS regulations; ii. meets the definition of biogas or biomethane as defined by the RFS and LCFS regulations; and iii. meets the common carrier pipeline gas quality specifications as provided by the local utility or transmission company for the applicable injection point. b. "Biogas-derived CNG" has the meaning set forth in the recitals. c. "Business Day" means any day except Saturday, Sunday or any other day on which commercial banks located in New York, NY are authorized or required by Law to be closed for business. d. "Change in Law" means any amendment, modification, superseding act, deletion, addition, change in or to, issuance or passage of any new Law, that occurs after the (late hereof. e. "CARB" means the California Air Resources Board or its successor agency. f. "CNG" has the meaning set forth in the recitals. g. "Contract Year" means the period commencing with the Start Date and each anniversary of same for the Term of the Agreement. h. "Delivery Point" is the interconnection where title, custody and control over the natural gas is passed to City. is `Environmental Attributes" mean any and all credits, allowances, benefits, attributes, aspects, characteristics, claims, reductions, offsets, reporting rights and allowances, or similar benefits of any type associated with the avoidance of fossil fuel consumption, greenhouse gas emissions or lifecycle greenhouse gas emissions, other pollutant ernissions and other environmental benefits, howsoever entitled or named, including all such attributes required to generate credits under any federal, state, local or other law now in effect, or as subsequently amended, enacted or adopted at Law, attributable to biogas resources, renewable natural gas and/or natural gas, including but not limited to RINs (as defined below), any state low carbon fuel standards including but not limited to LCFS (as defined below), carbon offsets, carbon allowances, and renewable energy credits or similar fuels programs orbenefits. Notwithstanding the foregoing, TruStar will retain the ability to generate Environmental Attributes, including but not limited to RINs and LCFS credits, as further described herein; and City will retain the ability to receive any federal or state fuel tax incentives or credits associated with the use of CNG/RNG as vehicle fuel. j. "EPA" means the U.S. Environmental Protection Agency or its successor agency. k. "Force Majeure Event" means any act, event, condition or circumstance, whether foreseeable or unforeseeable, that is not reasonably within the control of, does not result from the fault or negligence of, and would not have been avoided or overcome by the exercise of reasonable diligence by, the Party claiming Force Majeure and Chat prevents or delays that Party's performance of any one or more of its obligations under this Agreement (except for the performance of any payment obligation). A Party's inability economically to perform its obligations hereunder does not constitute an event of Force Majeure. 1. "Default" has the meaning set forth in Section 4,1. in. "Gasoline Gallon Equivalent" or "GGE" equals 128,142 Btu, Conversely, 1 MMBm equals 7.8 GG6s. n. "Gas Payment Amount" has the meaning set forth in Section 2.7 herein. o. "Law" means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, interpretive guidance, other requirement or rule of any govermnental authority, including but not limited to the RFS and LCFS (defined below). p. "Low Carbon Fuel Standard" or "LCFS" means the regulatory program and policies established under the California Low Carbon Fuel Standard Regulation as set forth in Title 17, California Code of Regulations (CCR), § 95480 et seq., and each successor regulation, as the same may be from time to time amended, modified or restated. q. "LCFS Credits" means credits generated pursuant to and in accordance with the LCFS, with each credit equal to one metric ton of carbon dioxide reductions as compared to the baseline CO2 emissions under the LCFS. r. "Renewable Fuel Standard" or "RFS" means the EPA's Renewable Fuel Standard regulations as set forth in 40 C.F,R. § 80.1400 or seq., as amended from time to time. s. "RINs" mean any Renewable Identification Numbers generated to represent a volume of renewable fuel as set forth in the RFS. I. "Start Date" means the first date of commercial operation of the Station. u. "Station" or "Stations" means those CNG Station(s) of City described in Appendix A hereto, as the same may be amended from time to time by written agreement of the Parties. v, "Targeted CNG Dispensing Amount" means, with respect to each 12 month period commencing on the Start Date, 110,000 GGE or 14,103 MMBtu. w. "Term" has the meaning set forth in Section 2.1 herein, x. "Vehicle Fuel" means CNG used in motorvehicles as a transportation fuel in accordance with the RFS and WES and that has been ascribed Environmental Attributes associated with Biogas such that it is Biogas-derived CNG. ARTICLE 2 PERFO"IANCE OBLIGATIONS 2.1 Term. This Agreement shall commence on the Effective Date and continue for the next succeeding 120 months (the "Initial Term"), provided that the Initial Term may be extended by the City at its option, for up to an additional three (3) one year renewals (each such period a "Renewal Period"), exercisable by a written notice to TruStar from the City Manager and the City Attorney no less than 60 days prior to the end of the then applicable Initial Term or Renewal Period, as the case may be, unless this Agreement is terminated earlier in accordance with the provisions hereof. The Initial Term plus any Renewal Periods are referred to as the "Term." 2.2 Generation of Environmental Attributes. 2.2.1 During the Term, TruStar will have the right and responsibility, atTruStar's cost mid expense, to generate and monetize any and all regulatory or voluntary credits, including RINs and LCFS Credits, from Environmental Attributes, howsoever entitled, associated with the use of Biogas-derived CNG associated with the Station's dispensing of Vehicle Fuel, 2.2.2 TruStar will retain the value of any Environmental Attributes and associated credits it generates from the use of Biogas associated with the Stations' dispensing of Vehicle Fuel. 2.2.3 City hereby disclaims any interest in, and represents and warrants that it has not and will not grant any interest in, any Environmental Attributes that are or may be attributed to Vehicle Fuel dispensed at the Station during the Tenn. 2.2.4 The Parties acknowledge and agree that (i) the generation and validity of the Environmental Attributes is contingent upon the Parties' compliance with applicable Law and with the Parties' respective obligations set forth herein, (ii) as such, the Parties wilt comply with the applicable requirements of the RFS, LCFS and other applicable Law, and will duly perform their respective obligations hereunder, 2.3 Target CNG Dispensing Amount. Upon the Start Date, within 60 days of each annual anniversary thereof (a) to the extent that the Vehicle Fuel dispensed at theStation(s) exceeds the Targeted CNG Dispensing Amount, TruStar shall pay the Gas Payment Amount (pursuant to Section 2.7) to the City, and (b) to the extent that the Vehicle Fuel dispensed at the Station(s) is less than the "targeted CNG Dispensing Amount, the City shalt pay the Gas Payment Amount (pursuant to Section 2.7) to TmStar, in each case, as measured on a therm or MMBtu basis based on information provided to TruStar by the local gas utility or directly from utility billing information. 2A Supporting Documentation. On or before the fifth (5a') Business Day following the end of each month, or as soon as available to City, City will provide TruStar with supporting documentation evidencing all volumes of natural gas procured at the Delivery Point from TruStar and the total volume of Biogas-derived CNG dispensed as Vehicle Fuel as detailed in Section 2.5.2. Supporting documentation includes teetering tickets, contracts and all required affidavits, including without limitation, an affidavit in a forte substantially similar to that which is set forth as Appendix C hereto. Within 30 days of last day of each calendar quarter, TruStar will provide City with supporting documentation related to compliance with the Target CNG Dispensing Amount obligations in Section 2.3 above. 2,5 Registrations and Approvals. 2.5.1 IMu -tar obligations. TruStar is responsible, at its cost and expense, for obtaining any registrations and approvals that are necessary to generate RINs (i) from the EPA, including all company and facility registrations (the "EPA Approvals"), and (H) from any and all applicable state -level or local -level authorities, including CARB (the "State Approval", and collectively with the EPA Approvals, the "Approvals"). 2.5.2 City Obligations. City shall cooperate witli TruStar in TruStar's efforts to secure and maintain the EPA Approvals and State Approval, to ensure the validity of any Environmental Attributes generated in connection with this Agreement, and to comply with any related reporting and record keeping requirements. Such cooperation on the part of City includes, but is not limited to; (i) Obtaining a supply of natural gas from the applicable utility or other source to the Station; (ii) Providing documentation (such as contracts and affidavits) to support [federal and] state -level credit generation, including but not limited to the LCFS, where applicable, including documentation regarding transfer of title, volume, energy content, the dispensing of Biogas-derived CNG for use as a Vehicle Fuel, and any other data or information required by the RFS or applicable state -level credit program including but not limited to the LCFS, such information to be provided by City to TruStar within five (5) Business Days of receipt of same from City's gas source; (iii) Promptly responding to requests for attestations rotated to the EPA Approvals and State Approval; (iv) Providing access to the Station and any other locations and records relevant to scouring the Approvals, determining the volumes of natural gas procured by City for dispensing and that are dispensed at the Station, or for any other compliance requirements imposed pursuant to any applicable state or federal rule, regulation or guideline for RIN or LCFS credit generation purposes and upon reasonable request by TruStar; such access to be granted no later than five (5) Business Days after such request; and (v) Maintaining all such records set forth in this Section 2.5.2 during the Term and for a period of five (5) years after the expiration of the Term or for such longer period if requested by TruStar. 2.6 Exclusivity. City hereby grants TruStar the exclusive rights to the Station during the Term to supply Biogas so long as this Agreement is in effect. 2.7 Gas Payment Amount. 23.1 In the event that the City exceeds the Targeted. CNG Dispensing Amount for each 12 month period during the Term (each such 12 month period, an "Annual Measurement Period"), TruStar shalt pay to the City, within 40 days of the end of such t2 month period an amount equal to $0.67 per GGE ($5.23 per MMBtu) for each GGE (or 7.8 MMBtus) above the Targeted CNG Dispensing Amount that the City dispensed during cacti such Annual Measurement Period. 2.7.2 In the event that the City fails to dispense at least the Targeted CNG Dispensing Amount for each Annual Measurement Period, the City shall pay to the TruStar, within 90 days of the end of such 12 month period an amount equal to $0.67 per GGL ($5.23per NIMBtu) for each GGE (or 7.8 NIMBtus) below the Targeted CNG Dispensing Amount that the City failed to so dispensed during each such Annual. Measurement Period. 2.7.3 TruStar's obligations with respect to this Section 2.7 are, in all respects, subject to the last sentence of Section 8.3 hereof, ARTICLE 3 REPRESENTATIONS AND WARRANTIES 3.1 City Representations and Warranties 3. L t City represents and warrants that City has all right, title, and interest in and will grant all such interest in the Environmental Attributes associated with the Vehicle Fuel dispensed at the Station to TruStar and will not tape any action that would invalidate such Environmental Attributes, including TruStar's ability to generate RINs and other credits derived from Environmental Attributes. 3.2 Mutual Representations and Warranties. Each Party represents and warrants to the other Party as of the Effective bate as follows: 3.11 Such party is duty organized and validly existing tinder the applicable Law of the jurisdiction of its formation, organization or incorporation and is in good standing under such applicable Law. 3.2.2 Such party has the corporate, governmental or other legal capacity, authority and power to execute this Agreement, to deliver this Agreement and to perform its obligations hereunder, and has taken all necessary corporate or other action to authorize the foregoing. 3.23 The execution, delivery and performance of this Agreement do not violate or conflict with any Law applicable to such party, any provision of such party's constitutional documents, any order or judgment of any court or other agency of government applicable to such party or any of its assets or any contractual restriction binding on or affecting such party or any of its assets. 3.2A Such party will cooperate in registering the Station under the R SandLCFS or other State LCFS program. Such cooperation includes, but is not limited to, providing all requested data and information. 3.2.5 Such party has not and will not take any action that results in the invalidity of RINs or LCFS Credits generated on the Vehicle Fuel sold as transportation fuel at the Station. ARTICLE 4 DEFAULT AND REMEDIES 4.1 Intentionally omitted. 4.2 Default. (a) A default in respect of this Agreement shall be deemed to occur when, with respect to either party: (i) A Party breaches any material representation or warranty made in this Agreement by that Party in any material respect, or any material representation or warranty of that Party proves to have been incorrect or misleading in any material respect when made under this Agreement and same is not remedied to the other Party's reasonable satisfaction within thirty (30) days after receipt of written notice thereof; provided however, then, so long as the defaulting Party has begun all reasonable efforts to cure such Default and within ten (10) days after the Notice of Default is diligently pursuing the curing of such Default then the defaulting Party shall have an additional period of twenty (20) days from receipt of such Notice of Default (or sixty (60) days total) within which to cure the Default; (ii) Except as otherwise provided herein, if a Party fails to perform any material covenant or obligation set forth in this Agreement, the breach or default of which is not otherwise addressed in this Section 4.1, if such failure is not remedied to the other Party's reasonable satisfaction within thirty (30) days after receipt of written notice thereof; (iii) The failure or omission or either Party to comply with the'RFS or LCFS will not constitute a Default for a period of thirty (30) days following receipt of written notice of such failure to perform, so long as such Party has taken and is taking commercially reasonable steps to cure such compliance failure or omission, or (iv) A Party (a) makes an assigmnent or any general arrangement for the benefit of creditors; (b) files a petition or otherwise commences, authorizes, or acquiesces in the commencement of a proceeding or case mnder any bankruptcy or similar law for the protection of creditors or has such petition filed or proceeding commenced against it; (c) otherwise becomes bankrupt or insolvent (however evidenced); (d) is unable to pay its debts as they fall due; (e) has a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets. (b) A default in respect of this Agreement shall be deemed to occur when, with respect to TruStar, TruStar fails to make any payment when due under this Agreement within ten (10) Business Days of a written demand therefor. Each of the foregoing events described in clauses (a)-(b) above shall be referred to herein as a "Default." 4.3 Remedies. Upon the occurrence of a Default with respect to a Party (such party, the "Defaulting Party"), the non -defaulting Party (the "Performing Party") shall in its sole discretion and upon five (5) Business Days' notice to the Defaulting Party, be entitled to do any one or more of the following: (i) suspend its performance under this Agreement, (ii) terminate this Agreement effective upon the date of such notice, and (iii) proceed against the Defaulting Party for damages, Notwithstanding the foregoing, in the event that the City fails to timely pay the Gas Payment Amount to TruStar, TruS tar may terminate the Agreement on 30 days' written notice to the City, and TruStar's damages shall equal the Targeted CNG Dispensing Amount multiplied by $0.67 for all of the GGEs (or $5.23 per MMBtu) of RNG each Annual Measurement Period (or portion thereon) remaining in the Initial Term. 4.4 Except as otherwise expressly limited by the last sentence of Section 4.3, the Performing Party's rights under Section 4.3 are in addition to, and not in limitation or exclusion of, any other rights that it may have (whether by agreement, operation of law, equitable principles or otherwise). ARTICLE 3 LIMITATION ON DAMAGES 51 Indemnification. Each Party agrees to protect, defend, indemnify and hold the other Party harmless from and against any and all third party claims, demands, suits, losses, expenses (including reasonable attorneys' fees), damages, fines, penalties, causes of action and liabilities of every type and character, including personal injury or death to any person or loss or damage to any personal or real property (collectively, "Liability"), caused by or directly or indirectly arising out of or resulting from the first Party's (i) breach of this Agreement, (ii) negligence or willful misconduct, or (iii) failure to comply with applicable Law in connection with the transactions contemplated herein, except to the extent such Liability results from the other Party's gross negligence or willful misconduct. 5.2, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR, AND EACH OF THE PARTIES WAIVES THE RIGHT TO SEEK, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND. ARTICLE 6 GOVERNING LAW AND DISPUTE RESOLUTION 6.1 Governing Law, This Agreement and all matters arising in connection therewith, including validity and enforcement, shall be governed by, interpreted and construed in accordance with the laws of the State of California, without giving effect to its conflicts of laws principles that would result in the application of a different law. 6.2 Dispute Resolution/Arbitration. Any dispute or controversy arising under, out of, in connection with, or in relation to this Agreement, and any amendment thereof, shall be determined and settled by arbitration in the City of Santa Ana by a single arbitrator in accordance with the Rules of the Judicial Arbitration and Mediations Services (`JAMS") in accordance with its Comprehensive Arbitration Rules and Procedures. Any award rendered therein shall be final and binding upon the parties and their legal representatives and judgment may be entered in any court having jurisdiction. The arbitrator shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration, including but not limited to the fees and costs of arbitration. ARTICLE 7 NOTICES 7.1 Notices. Any notice, demand or document that either Party is required or may desire to give hereunder, except to the extent specifically provided otherwise herein, must be (i) in writing and, (ii) given by personal delivery, overnight courier or certified mail, return receipt requested, with the postage prepaid and properly addressed or communicated to such Party at its address shown below, or at such other address as either Party may have furnished to the other by notice given in accordance with this Article. Any notice delivered or made by personal delivery, overnight courier, or mail shall be deemed to be given on the date of actual delivery as shown by the receipt for personal delivery or overnight courier delivery, or the registry or certification receipt for certified mail. If to TruStar: TruStar Energy LLC One North Lexington Avenue Suite 1450 White Plains, New York 10601 With a copy to: TruStar Energy LLC One North Lexington Avenue Suite 1450 White Plains, New York 10601 Attn: Notice Officer noticeofficer@fortistar.com If to City: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 ARTICLE S MISCELLANEOUS 8.1 Assignment. Neither Party shall transfer or assign this Agreement or its rights or interests hereunder, in whole or in part, without the prior written consent of the other Party, which such consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that prior written consent is not required in the event of (i) merger or sale of all or substantially of the ownership interests or assets of TruStar; (ii) a transfer or assignment by either Party to a subsidiary or affiliate together with an assumption of this Agreement by such subsidiary or affiliate; or (iii) a collateral assignment by TruStar to lenders or financing parties or Biogas supply sources in connection with a financing arrangement, in all cases so long as reasonable advance written notice is provided. In the event of any permitted transfer or assignment of this Agreement pursuant to subparagraph (ii) of this paragraph, the assigning Party shall not be released from any of its obligations or liabilities arising under this Agreement prior to such assignment. 8.2 Entire Agreement. This Agreement constitutes the entire and exclusive agreement between the Parties and supersedes all prior oral or written and all contemporaneous oral agreements and understandings between the Parties with respect to the subject matter hereof and thereof; This Agreement may not be altered, amended, modified or otherwise changed in any respect or particular whatsoever except in writing duly executedby the authorized representative of each Party. 8.3 Change in Law. UNILATERAL: In the event a legislative, executive, judicial or regulatory body materially changes the law, regulation, or rules and thereby adversely impacts (A) the costs or benefits of this Agreement or (B) Seller's ability to comply with the RFS, CA LCFS or any other applicable Law (any such change, a "Change in Law"), then the Parties shall enter into good faith negotiations to amend the Agreement. If, after sixty (60) days of the initiation of such negotiations, the Parties cannot resolve to then mumat satisfaction a mutually agreeable solution to the Change in Law, the Seller has the option to terminate this Agreement on ninety (90) days' written notice to the other Party. In the event that the Change in Law eliminates RIMS or LCFS credits, the corresponding gas discount shall no Ionger applicable_ 8.4 No Waiver. Neither the failure nor any delay on the part of any Parry to exercise any right, remedy, power or privilege hereunder will operate as a waiver of such right, remedy, power or privilege. No waiver of any right, remedy, power or privilege with respect to any occurrence will be construed as a waiver of such right, remedy, power or privilege with respect to any subsequent or other occurrence. 8.5 Permitted Designee. Any references to "TruStar" herein shalt also include reference to any designee of TruStar; with respect to (i) the generation, transfer and ownership of the Environmental Attributes, (ii) registration with the EPA or applicable state -or local -level regulating body, (iii) the provision of support services related to a State Approval, and (iv) all City E obligations set forth in Section 2.5.2; provided that TruStar shall remain responsible for its obligations hereunder, notwithstanding delegation of performance to a designee. During the Term, TraStar shall retain a qualified third -party vendor to maintain a Quality Assurance Program ("QA'P") under each of the Renewable Puel Standard and Low Carbon Fuel Standard. Each Party shall have the right to annually inspect, audit, copy and verify the books and records of the other Party pertaining to the transactions that are the subject matter of this Agreement. at the office of the other Party where such records are maintained, during normal business hours, upon ten (10) Business Days' advance written notice. 8.6 Severability. If any part of this Agreement is contrary to, prohibited by, or deemed invalid tinder applicable law, such provision will be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid. The remainder of this Agreement will not be invalidated by such applicable law and will be given effect so far as possible, provided that each Party can continue to fulfill its obligations and enjoy its material rights and benefits hereunder. 8.7 Successors and Assigns and No Third -Party Beneficiaries, This Agreement is for the exclusive benefit of the Parties, and no other person or entity will have any right or claim against any Party under any of the terms or provisions of it or be entitled to enforce any of the terms or provisions of it against any Party. This Agreement shall be binding on the Parties and their respective successors and permitted assigns. 8.8 Counterparts. This Agreement may be executed by TruStar and City in counterparts and delivered by facsimile or electronic transmission, each of which so delivered shall be considered an original counterpart and shall become a binding agreement when each of TruStar and City has executed one counterpart. 8.9 Confidentiality. Except for matters of public record, information already within receiving party's possession prior to entering into this Agreement, and except to the extent required (through deposition, interrogatory, request for production, subpoena, civil investigative demand or similar process) by a court order or required by applicable law, receiving party agrees to keels confidential all information deemed confidential. If receiving party becomes required, in the manner specified above, to disclose any Confidential Information, receiving party shall provide prompt written notice to disclosing party so that disclosing party may timely seek a protective order or other appropriate remedy. In the event that such protective order or other remedy is not obtained, receiving party agrees (i) to famish only that portion of the Confidential Information that is required to be furnished and (ii) to exercise reasonable commercial efforts to obtain assurance that confidential treatment will be accorded such Confidential Information. Nothing in this Section shall restrict TruStar from sharing Confidential Information with its Permitted Designecs pursuant to Section 8.5 herein, and its commodity suppliers. IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by their respective duly authorized representatives. It ATTEST: Daisy Gomez Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: u Jose Montoya Deputy City Attorney RECOMMENDED FOR APPROVAL: 2&fj a le, abil Saba Executive Director Public Works Agency 12 CITY OF SANTA ANA Kristine Ridge City Manager CONTRACTOR: Digitally signed by Scott Edelbach DN:cn=Scott Edelbach, o=TruStar Energy, ou=TruStar Energy, email=sedelbach@trustarenergy.com, c=US Date: 2021.02.17 11:22:33-05'00' Scott Edelbach General Manager NIUMNUAF City of Santa Ana Public Works Agency Corporate Yard 2t5 S. Center St. Santa Ana, CA 92703 t3 INTEN"PIONALLY ONII'FTLD APPENDIX B 14 APPENDIX C EXAMPM I AFFIDAVIT AFFIDAVIT The undersigned, (name), (title) arid authorized signatory of [ 1 Davis ("[ 1'°), being duly sworn, states the following: I have the legal capacity to make this affidavit and personal knowledge oFthe facts herein. 1 make this affidavit on behalf of [ ], pursuant Co the EPA's Renewable Fuel Standard regulations at 40 C.F.R. 80, t400 at seq. and CARB Low Carbon Fuel Standard regulations at Cal, Code Rags. Section §§ 95480-95497. Defined terms used herein shall be as defined in the Environmental Attribute Agreement entered into on _, 2020 (the "Agreement"). 2. [oversee supply and distribution of CNG for Vehicle Fuel use at 3. [ ] owns and operates the following station that dispenses CNG for transportation use only. 4. [ j entered into the Agreement with TruStar Energy LLC for the ascription of Environmental Attributes to the natural gas procured and the CNG dispensed For use as a Vehicle Fuel. 5. Pipeline quality gas procured by [ ] at the Delivery Points noted herein is converted at the CNG Station into CNG for use as a transportation fuel; 6. At the CNG Station, the volume of natural gas withdrawn from the commercial distribution system to produce CNG for use as a transportation fuel is measured by continuous metering, and after such meter, the CNG is used as transportation reel and for no other purpose; 7. On [DATE I], [XXXX] MMBtu ofBiogas-derived CNG were dispensed at the Station, as evidenced by the attached unredacted utility bill A en ix 1), which sets forth the volume and energy content of such Biogas. 8. Between [DATE2] and [DATES], [XXXX] MMBtu of such CNG, were dispensed at the Station for use as Vehicle Fuel, as evidenced by the attached unredacted copy of the electronic ledger (Appendix 2) and the unredacted metering data from the Station during that time period (Appendix 3). 9. 'Neither [ ] nor any other entity has made or will make any claim or assert any right to generate any environmental credit, RIN or LCFS credit on the volumes of Biogas-derived CNG described herein and pursuant to the EPA's Renewable Fuel Standard regulations or CARB's Low Carbon Fuel Standard regulations. 15 1.0.1 certify that, to the best of my knowledge and belief and under penalty of perjury, the information herein is true, correct and eotnpletc. Executed this ^ day of 2020 Printed Name: STATE OF COUNTY OF The foregoing affidavit was sworn to and subscribed before me on this _ day of 2020, by _ , proved to me on the basis of satisfactory evidence to be the person who appeared before me. (Notary Seal) Notary Signature 16 Digitally signed by Francine R. Francine R.Villareal Villareal ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD YYYY) 08/24/2021 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 CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Robins Insurance Agency, Inc 30 Burton Hills Blvd. PARONFE Eat _ (615) 565-9200 q1c, No : (615) 665-9207 EMAIL certificates@robinsins.com ADDRESS: Suite 300 INSURER(S) AFFORDING COVERAGE NAIL# Nashville TN 37215 INSURER A: Crum & Foster 44520 INSURED INSURER B: AmGUARD Ins Co 42390 TruStar Energy LLC INSURER C 10225 Philadelphia Cl INSURER 0: NSURER E: Rancho Cucamonga CA 91730 INSURER F: COVERAGES CERTIFICATE NUMBER: June zuzl Master COl RFVIRION NIIMFl 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LTR TYPE OF INSURANCE ADOL INED SUBIR Me POLICYNUMBER POLICY EFF MMIDDrYYYY POLICY EXP MMIDDIYYYY LIMITS X COMMERCIAL GENERALLIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ 1.000,000 PREMISES Ea occurrence $ 1,000,000 X MED EXP(Any oneperson) $ 5.000 Blanket Waiver of Subrogation Blanket Additional Insured PERSONAL&ADV INJURY g 100,000 A X EPK-135707 06/0212021 06/0212022 AGGREGATE LIMITAPPLIES PER: POLICY [g PRO ❑ LOC JECT GENERALAGGREGATE g 2,000,000 GEN'L PRODUCTS-COMPIOPAGG $ 2,000,000 PROFESSIONAL s 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) S B OWNED SCHEDULED AUTOS ONLY AUTOS TRAU276306 06/02/2021 06/02/2022 BODILY INJURY Peraccidenb $ HIRED NO&OWNED AUTOS ONLY HAUTOS ONLY X PROPERTY DAMAGE Per accident $ X Hired Auto Phys Dam s 75,000 Hired Auto X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 5,000,000 A EXCESS LIAB X1 CLAIMS -MADE EFX-118052 O6/02/2021 06/02/2022 DED I X1 RETENTION S 10.000 S WORKERS COMPENSATION YIN ANY PROPRIETORIPARTNETEXECUTIVE ❑ OFFICEWMEMBER EXCLUDED? NIA PERT STATUTE ER E.L. EACHACCIDENT 5 E L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) Ifyes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below CONTRACTORS POLLUTION & EACH CLAIM $1.000,000 A ENVIRONMENTAL IMPAIRMENT EPK-135707 06/02/2021 06/02/2022 AGGREGATE LIMIT $2,000,000 RETRO DATE 12/31/2012 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The certificate holder, its officers, officials, employees and volunteers are named as additional insured with respects to the general liability where required by written contract. City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /z @ 1988-2015 ACORD ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Rlsk Mnugenwlt Division \c ram ((R�EVIEWED& pAPPRO�V�ED Br rArlhrtii�Z R. V�f,WPFL ® Risk Management Analyst A� CERTIFICATE OF LIABILITY INSURANCE o09/0912021D) 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, EMEND 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 hostler in lieu of such endorsement(s). PRODUCER Marsh USA, Inc. 1166 Avenue of the Americas New York, NY 10036 CONTACT NAME: PHONE FAX AIC o EMAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIOI CN101642634-TmSFWC-21-22. INSURER A: Bankers Standard Insurance Co 10279 INSURED TNS1arEnergy, LLC INSURER B INSURER C 10225 Philadelphia CL Rancho Cucamonga, CA 91730 INSURER O: INSURER E INSURER I, COVERAGES CERTIFICATE NUMBER' NYC-0111Rp11RAR1 MCTnsInM MUMMER. 1 THIS IS TO CERTIFY THAT THE POLICIES of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION of ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE ADDLSUaR men n POLICYNUMBER POLICY EFF INVIO Irrrr POLICY EXP MM/010 UMn3 COMMERCIALGENERALLIABILITY CLAIMS1v1ADE❑OCCUR Eq HOCCURRENCE 8 DAIANGE TURIENTED PREMISE ow,Derrm $ MED EXP (Any one perms) $ PERSONAL S ADV INJURY S GEN'L AGGREGATE LIMIT APPLES PER: POLICY PROdECT El LOC GENERALAGGREGATE $ PRODUCTS-COMP/OP AGG $ § OTHER AUTOMOBILE LIABILITY COMBINEUSINGLELIMIT Ea acddent $ ANYAVTO BODILY INJURY Per Pe on) $ OWNED SCHEOULED AUTOG ONLY AUTOS BODILY INJURY(PeramMent) $ HIRED NON -OWNED AUTOS ONLY AUTOSONLV PROPERTY DAMAGE Per anddent $ $ UMBRELLA OA6 OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE $ RED RETENTIONS § A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY YIN OFFICERIMEMBER EANYPROPRIETORP%OW DEO9 ECUTIVEFIN NIA 71B2-7340 CM112021 OV01/2 R PER ON - STATUTE I I ER E.L EACH ACCIDENT $ 1,000,000 E.1- DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory In. If yes, dsscrihe antler E.L. DISEASE -POLICY LIMIT II 1,000,000 DESCRIPTIONOFOPERATIONSbel. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ADORD 1 at, AEditional Remarks Schedule, may be attached if more space Is required) City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Risk Management Division THE EXPIRATION DATE THEREOF, NOTICE W14L BE DELIVERED IN Santtao Ana, CA 92702 20 Center Plaza ACCORDANCE WITH THE POLICY PROVISIONS. A AUTHORIZED REPRESENTATIVE ©1988-2016ACORDCOR ,q. �� RE%AEWEC&APP'RIOvEDBY: ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD11 6,4L. �A.L.r,c..a,t VaUM4Al Risk Management may5t AGENCY CUSTOMER ID: CNIO1642634 _ LOC #: New York ACC)IR" ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NA"Go INSURED Marsh USA, Inc. TmStar Energy, LLC POLICY NUMBER 10225 Philadelphia Gt. Rancho Cucamonga, CA 91730 CARRIER i NAIC CODE EFFECTIVEDATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insul TruSrar Energy LLC Wolkers' Compensation coverage for All OlherSleles (exduding CA & NH) TruSlar Energy LLC Norkers' Compensation coverage for CA & NH (excluding All OtherSlales), see paky97103-34-98 will Federal Insurance Company © 2008 ACORD CORP tbaAEwED&APP fly:. The ACORD name and logo are registered marks of ACORD u Risk Management Nags CRUM & FORSTER CRUM & FORSTER SPECIALTY INSURANCE COMPANY 305 Madison Avenue, Morristown N107962 ENVIRONMENTAL POLICY DECLARATIONS POLICY NUMBER: RENEWAL OF: DATE ISSUED: EPK-135707 I EPK-131273 1 6/10/2021 Item 1. NAMED INSURED & ADDRESS: Truslar Energy, LLC 10225 Philadelphia Court Rancho Cucamonga, CA 91730 PRODUCER NAME & ADDRESS: R-T Specialty, LLC 500 West Monroe, 30th Floor Chicago, IL 60661 FORM OF BUSINESS: Limited Liability Company PRODUCER CODE: 00805 Item 2. POLICY PERIOD: 06/02/2021 t0 06/02/2022 12'01 a.m. Standard Time at the Named Insured's address stated aba . Rem 3. LIMITS OF INSURANCE: General Aggregate Limit Other than Products/Completed Operations):— $2,000,000 Products/Completed Operations Aggregate Limit: $2,000,0DO Personal & AdvertisingInjury Limit: $1,000,000 Commercial General Liability Each Occurrence Limit: $1,000,000 Damage To Premises Rented To You Limit: $100,000 Medical Expense Umit: $5,000 Contractor's Pollution Liability Each Pollution Condition Limit: $1 000,000 Errors & Omissions Liability Each Wrongful Act Limit: $1,000,000 Third Party Pollution Liability Each Pollution Condition Limit: $1,000,000 Onsite Cleanup Each Pollution Condition Limit: $1,000,000 Item 4. DEDUCTIBLE/SELF-INSURED RETENTION: See Deductible Schedule Endorsement EN0009 RETROACTIVE DATES: F Errors & Omissions Liability 12/31/2012 Third Party Pollution Liability See EN0615 Onsite CleanupSee EN0615 Item 6. PREMIUM: Surplus Lines Tay. Stamping Office Fee Policy Premium: TRIPRA Premium: Excluded Total Policy Premium: _ _ 25% Minimum Earned Premium: Minimum Poli Premium: 100% Rem 7. AUDIT PERIOD: Annual Basis: Gross Revenu, Per 1,000 Items. FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY: See Form ENOD02 —Schedule OJForms And Endorsements THESE ucLs KAI IUD), Iusat I HER WITH POLICY JACKET, FORMS, SCHEDULES AND ENDORSEMENTS, IF ANY, ARE ISSUED AS PART OF AND IN COMPLETION OF THE ABOVE NUMBERED POLICY. TNs Insurance Is Issued pursuant to the CA Insurance Coda, Secdons 1760 through 1780. and Is placed In an Insurer or Insurers not holding a Certificate of Authority ham or regulated by the CNMomin Insurance Commissioner. ENOD01-1014 Countersigned By: Authal>ed Art n a,s RlekMaragemerdD[sieinn g RENEWED&APPRov®Br. _21�wm_ Ruk Management Analyst Schedule of Forms and Endorsements Form No. Form Title EN0001 Environmental Package Policy Declarations EN0002 Schedule of Forms and Endorsements CS07001 Signature Page EN0004 Claims Reporting EN0005 Service of Process Clause EN0007 Exclusion of Certified Acts of Terrorism and Exclusion of Oth A f T EN0010 EN0011 EN0020 EN0021 EN0023 EN0025 EN0026 EN0027 EN0050 EN0052 EN0106 EN0109 EN0111 EN0118 EN0122 EN0134 EN0138 EN0148 EN0161 EN0169 EN0302 EN0314 EN0320 EN0321 EN0346 EN0404 EN0405 EN0416 EN0418 EN0609 EN0614 EN0615 EN0650 EN0653 EN0002-0211 er cts o erronsm Committed Outside the United States Minimum Premium and Minimum Retained Premium Privacy Notice Common Provisions Commercial General Liability Occurrence Coverage Part Contractors Pollution Liability Occurrence Coverage Part Errors and Omissions Liability Coverage Part Third Party Pollution Liability Coverage Part Onsite Cleanup Coverage Part Policyholder Notice - Emergency Response Hotline Notice of Loss Low Level Radioactive/Mixed Waste Coverage Amended Waiver of Transfer of Rights of Recovery Against Others To Us Additional Insured — Owners, Lessees Or Contractors Primary and Non -Contributory Additional Insured with Waiver of Subrogation Exclusion — Designated Work Cancellation by Us Audit Rate Endorsement Earned Premium and Composite Rate Endorsement Emergency Environmental Response Costs Endorsement Exclusion —Communicable Disease Employee Benefits Liability Coverage Additional Insured — Designated Person Or Organization Additional Insured — Owners, Lessees Or Contractors — Completed Operations Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization Amendment to Damage to Your Work Exclusion Limited Defense Expenses Outside the Limits of Insurance (CPL) Transportation Pollution Liability Blanket Endorsement Mold Definition Give -Back (Claims -Made) Regulated Non -Owned Disposal Site Coverage -Claims Made Non -Owned Disposal Site Coverage Endorsement - Third Party With Sublimit Well Coverage Extension Pollution Legal Liability Covered Locations Endorsement Loading or Unloading of Watercraft and Automobiles at Covered Location(s) Amendment— Insuring Agreement —Third Party Pollution Liability _ Risk ManagemeniDMdm REV0.aVJEO 6 APPROVED BY. ® R6k Management Malysr 01 Schedule of Forms and Endorsements EN0673 Natural Resource Damages Endorsement EN0674 Bodily Injury Amendment EN0675 Third Party Pollution Sudden & Accidental Limitation Endorsement EN0676 Onsite Cleanup Sudden & Accidental Limitation Endorsement EN0677 Responsible Insured Endorsement EN0679 Illicit Abandonment Endorsement EN0137A Aggregate Limits of Insurance Per Project EN0137B Deductible Schedule Endorsement EN0137C Products Pollution Liability Coverage Endorsement IL P 001 0104 U.S Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders EN0002.0211 wdltotw.�n l�Sfl I� )��� f4",�,w Z V 1 MIA1 MIUMM Risk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE of Person(s) or nket when specifically required in a written contract with the named insured. SECTION VI — COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following: Solely as respects the person(s) or organization(s) indicated in the Schedule shown above, we waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of your ongoing operations or "your work" performed under a written contract with that person(s) or organization(s) and included in the "products - completed operations hazard". However, this waiver shall not apply to "damages" resulting from the sole negligence of the person(s) or organization(s) indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. RWk Mauganm DMdm try; REvEvvEn&nrrRov®ev: EN0109-0211° �Ruk Management Malpt h9 CRUM&FORSTER THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION III — WHO IS AN INSURED within the Common Provisions Is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. EN0111-0211 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. „a Risk M Dnmon %REME &APPWV®Br. - `!:E�S17I18.1:% faaa�.,� R. V:lL�nut �� Risk Management Analyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE [Name Of Additional Insured Person(s) or Organization(s) Blanket when specifically required in a written contract with the named insured. A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "Claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of "your work" performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. EN0118.0211 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Risk Mwftmwd :%'REvievim & APPRaAn EM Risk Management Matyst THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Person(s) or Organization(s): when specifically required in a written contract with insured. Location And Description Of Completed Operations when specifically required in a written : with the named insured. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section III — Who is An Insured within the Common Provisions is amended to include as an 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". EN0320-0211 Rhk MOrogemodDh6lGn �. RE B 6ArrRov®er. Risk Management Analyst 'j THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or when specifically required in a written contract with insured. Covered Operations nket when specifically required in a written itract with the named insured. linrormation required to complete this Schedule if not shown above will be shown in the Declarations. A. Section ill — Who Is An Insured within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" cause, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. EN0321-0211 With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 3. 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 4. 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. R6k Mvi.gamltD[WYat "k REVIEWED & ATRcvw ft F,%M2. Wtv'C'd �Ww Risk Management Analyst