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HomeMy WebLinkAboutFCS INTERNATIONAL, INCINSURANCE ON FILE WORK MAY PROCEED A-2023-1 94-1 UNTIL1 N'UfjPNC� EXPIRES CITY CLERK AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL AND DATE: MAY 17 1014 PLANNING SERVICES RELATED TO CEQA AND NEPA THIS AGREEMENT is made and entered into this 7th day ofNovember, 2023 by and between FCS International, hie. DBA FirstCarbon Solutions, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). n ) RECITALS 1 �Q" A. On August 17, 2023 the City issued Request for Qualification No. 23-142, by which �f.0IGrA 61 it sought Consultants to provide on -call environmental, technical, and planning services for the Planning and Building Agency of the City of Santa Ana. The scope of work may include any and all work efforts related to the analysis of a proposed project for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements, and staffing services on an as -needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 23-142 and attached as Exhibit A. C. Consultant has been selected as one of thirty-five (35) vendors which qualified for this engagement. Only those consultants approved by the City Council on November 7, 2023, shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of a letter agreement, executed by the Executive Director of the Planning and Building Agency and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and letter agreement for a specific project. Page 1 of 11 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of thirty-five (35) Consultants selected to provide environmental and planning services on an as needed basis under RFQ No. 23-142. The total compensation for services provided by all Consultants selected under RFQ No. 23- 142 is a collective amount not to exceed four million nine hundred fifty thousand ($4,950,000.00) during the term of the Agreement, including any extension periods. b. Where applicable, City shall recognize and pay for any outstanding invoices for work performed by any of the thirty-five (35) selected vendors for building safety consultant services performed by the Consultant for work previously performed for'the City: c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. U6001" This Agreement shall commence on the date first written above for a five (5) year term unless terminated earlier in accordance with Section 16, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Page 2 of 11 Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by: the City.- City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's.sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain. and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. ...Minimum Scope and Limit of Insurance 1. Commercial General Liability (CG.' Commercial General` Liability (CGL):1fisuran6e Services Office Form C6 00 01 covering CGL on an "occurrence" basis, includiig producis`And completed' operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies; either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03'or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1.), or if Consultant has no owned autos, hired, (Code 9) and non -owned autos (Code 9), with a limit no less than$1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation:. as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. 5. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than :the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions -1. Additional Insured Status: The City, its .officers, officials, . employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out:of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment .furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's, insurance (at.least as Page 3 of 11 broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City; its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its :officers, officials,. employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City .. 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be. necessary to affect this waiver of subrogation, but this provision applies. regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower:retention or provide proof of ability to pay losses and related investigations, .claimadministration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be. piaced'with insurers authorized to "conduct business in the state with a current A.M. Best's rating of no less than A:VII; unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (9) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced' with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting". coverage for a minimum of five (5) years after completion.of work. Page 4 of 11 8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coerage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However; failure to obtain the required documents prior :to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 9. Subcontractors: Consultant shall require,; and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements; including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers; I gents, employees, consultants, special counsel; and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section l of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, Judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for`damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement.. The Consultant farther agrees to indemnify, hold harmless, and pay all costs for the defense of the City,: including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury; damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent: required by Civil.Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 5 of 11 8. INTELLC- TUAT :PROPERTY;INDENINIFICATION Consultant .shall defend, indemnify and: hold harmless the City„ its officers, agents, representatives, ..and" employees againsCany and all liability,' including costs, and;attorney's fees, for infringement of any United States' lefters pateiit,;tradenrark, or copyright contained in the work product or documents provided by Consultant to.1he City. pursuant to this Agreement.: 9. RECORDS Consultant shall keep records and invoices in connection With -the work to,be performed under this Agreement, , Consultant shall maintain complefe and accurate records..with respect to the costs Incurred under this Agreement and any services; expenditures, and disbursements` charged toihe Cityfot a minimum"period of three (3) years;; or for anylonger period required by I aw, from'the date of final payment to, Consultant under this; Agreement, All such records and invoices skiall be clearly identifiable: Consultant shad'allow" arepresentatixe'of the City to: examine; audit, and make transcripts or:coptes"ofsuch records and any other documents created pursuant to this Agreementduring "regular business hours. Consultant shall allow nspection; 'fall work, data; documents, proceedings,arid' activities.related to this Agreement for 'a, period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIA1 ITY If Consultant receives' from the City: information.'which :due to the nature:, of such in£ormation;is reasonably understood,to be eonSdertial and/or proprietary, Consultant agrees that it shall not use or disclose such information except iri the performance of this ,Agreement ,. and 'further agrees to exercisellie:same degree of care. it uses to;profect its own inforrnation.of like" importance; but in no event less than reasonable care. "Confidential Information' shall include all nonpubfliy information. Confidential information includes not only written information,:+but also information: transferred orally; visually; ,eleetromcally, or by ,other .means: Confidential information disclosed'to either party by'any subsidiary and/or; agent of the other party is covered by this Agreement.:The foregoing obligations of non use'atid nondisclosure shall,notapply to any information that (a) has been disclosed in publicly;available sources; (b) .is, through no fault of the Consultant disclosed in a publicly available source; (c) is iri rightful.possession of the Consultant without an obligation of confidentiatity, (d) is requited to be disclosed _by operation of law;. or (e) " is independently, developed by the Consultant without reference to information ,disclosed. by the City. 13, CONFLICT OF INTEOST.CLAUSE . : Consultant covenants that it presently has nointerestand shall not have interests, direct or: indirect; which would conflict rn any manner with performance"of services specified under this: .. Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communicationpirrsuantio this Agreement shall be in writing and shall be deemed to be properly given`if delivered in person. or in "by . first class bfIceelfied mail, postage; prepaid, or sent,by fax or:other `'telegraphic"cozrimunication in the manner provided in this Section,;to the following persons: Page 6 of I1 To City' City Clerk` City of Santa Ana 20 Civic Center Plaza (M-30) P.O.-Box 1988 SantaAna,CA 92702-1988 Fax: 714- 647-6956 Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 SantaAna,.CA92702 . Email: PBAAdmin@santa-ana.org To Consultant: FCS International, Inc. DBA FirstCarbon Solutions 250 Commerce Suite 210 Irvine, CA.92602 City of:Santa Ana 925-200-1656 A party may change: its address by giving notice in writing to the other party. Thereafter, I ny. communication shall be addressed and transmitted to the, new address. If sent by mail, 'communication shall.be effective or deemed to have been given three,(3) days after it has been deposited, in the United States mail, duly registered cr certified; with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24),hours after the time set forth on the. transmission,reportissued by the transmitting facsimile machine, addressed as set forth above. For purposes. of calculating these time frames,. weekends, federal, state, County or City holidays shall be excluded. 13, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral . or written; between. the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the term. s`of this Agreement shall prevail. This Agreement may not be rnodified except by written instrument signed by, the City, arid by an.. authorized representative of Consultant. The parties agree that any terms or.: conditions of any purchase' order or other instrument that are inconsistent. with, or in addition. to, theterms and conditions hereof, -shall. not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations; inducements; promises or agreements, orally or otherwise; have been made by any . party, or anyone acting on behalf of any party, which are not embodied herein Page 7 of 11 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, tight or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is. an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation; performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or Page 8 of 11 arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] Page 9 of 11 A-2023-194-18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Jonathan T. Mart z City Attorney RECOMMENDED FOR APPROVAL MINH THAI Executive Director Planning and Building Agency CITY OF SANTA ANA Gti1.J ALVARO NUNEZ Acting City Manager CONSULTANT P ick iultz Senior Vice President Page 10 of 11 Exhibit A Scope of Services Consultants will be expected to provide experienced and knowledgeable professional staff familiar with federal, state and local regulations including the Santa Ana Municipal Code and General Plan and the CEQA and NEPA. The Consultants' Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. Consultants shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. All consultants shall provide services under the direction of City staff. Services may include attendance at appropriate City Council, City Commissions, and neighborhood meetings. A. Environmental Services Services include, but are not limited to preparation of documents, distribution and filing of environmental noticing, preparation of studies and technical reports as required by the CEQA and NEPA including, but not limited to, the following as amended and updated from time to time: " • Initial Study • Notice -of Preparation Notice of Availability • Notice of Determination Categorical Exemption • Negative Declaration • Mitigated Negative Declaration • Environmental Impact Report (Program, Focused, Master, Staged) • EIR Addendum, Supplemental EIR, Subsequent EIR • Mitigation and Monitoring Program • Response to Comments _ • Statement of Overriding Considerations • NEPA compliance documents B. ITechnical Studies As necessary, prepare any technical studies needed to complete the environmental review or for development projects or City projects as -needed, including but not limited to: • Air Quality Study • Biological Resource Assessment • Cultural Resource Study • Environmental Site Assessments • Economic/Market Study • Geological/Soil Study • Greenhouse Gas Assessment • Health Risk Assessment • Historical Resource Assessment • Hydrology/Water Quality Study • Noise Impact Study • Parking Study • Water Supply Assessment • Mineral -Resource Study • Utility/Sewer Study • Traffic Study C. Staffing Services The Planning Division is also seeking qualified professional individuals, firms, or multi -disciplinary teams with experience in. current, historic preservation, environmental justice, and advanced planning to assist with processing development project applications, counter services and planning efforts on an as -needed basis. Page 11 of 11 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable fps Ifar�I;j�nnalaAl„ ING:. Compensation is based on the following fee schedule and charges. President $320—$340 Graphic Designer/GIS/CAD and $110—$150 Drafting Specialist Director/VicePresident $270—$320 PubllcationsCoordinator/Techhical Editor Legal Counsel $220—$260 Word Processor $95—$130 Associate Director/Senior Team Leader $220—$250 Archaeological/Paleontological $95-$130. . - Monitor 1/11 :SenloPProjectManager/Senior $190—$220 Archaeological/Paleontological $130-$160 Sclentist/Senlor Regulatory Scientist Monitor III Project Manager/Scientist/Regulatory $140—$190 Biological Monitor 1/11 $95—$130 Scientist Assistant Project Manager/Assistant $120 $140 Biological Monitor III $130 $160 Scientist/Assistant RegulatoryScientist - " Environmental Analyst/Technical $90—$120 Reprographics Assistant/Intern $70 $90 Analyst/Regulatory Analyst Senior Graphic Designer/GIS Manager $150—$210 Administrative Assistant/Accounting/Clerical $70-$110 Other. Labor. Rates Labor rates for expert testimony, litigation support, and depositions/court appearances will be billed at a minimum of two times the above rates. If additional services are authorized during the performance of a contract, compensation will be based on the fee schedule in effect at the time the services are authorized. Direct Expenses Direct costs and out-of-pocket expenses are billed as follows: 1. Out-of-pocket expenses, including, but not limited to, travel, messenger service, reprographics, lodging, meals, blueprint, reproduction, and photographic services: Cost, as charged to FCS, plus a 10 percent administrative fee. 2. Subcontractors' fees: Cost, as charged to FCS, plus a 10 percent administrative fee. 3. Passenger Cars: $0.655 per mile. 4.. Four -wheel -drive vehicles: $95.00 per day plus $0.655 per mile. 5. Records checks: Fees vary by facility and project. 6. Museum curation: Fees vary by city and project. 7. Cultural resources storage/curation of fossil and artifact collections: Cost, as charged to FCS, plus a 10 percent administrative fee. g. Per Diem: Fees charged at the USA Federal (GSA) Rate. Lodging surcharge may apply in high -rate areas. 9. USFWS/CDFW impacts or mitigation fees: Cost, as charged to FCS, plus a 10 percent administrative fee. Terms Compensation and direct expenses are invoiced monthly and payable upon receipt or as codified In project -specific contract. tcuaap mi-. lausrRpup.€ns1A" 11 FCSINTE-01 MCCOWANA CERTIFICATE OF LIABILITY INSURANCE D 12/22/2023 ) 12122/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER License # OE67768 CA Insurance Services Digitally 3636 Nobel Drive te� ! � Acevedo Aceved 1 91� Date: 20 _ CONTACT n FAX (All, No, Ext>: 6 - 0203 A/c, No :(619) 574-6288 EMAIL . Dana.Schwartz@ioausa.com RDINGCOVERAGE NAICM •: LII r e m an 13056 INSURED-071001 FCS International, Inc. 250 Commerce, Suite 250 Irvine, CA 92602 INSURER B: Hudson Insurance Company 25054 INSURER C: INSURER D INSURER E : NSURERF: COVFRAGFS CFRTIFICATF NIIMRFR- RolltetOM ANIanRRR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER POLICY EFF POLICY UPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Cont Liab/Sev of Int X X PSB0008629 1N/2024 1/1/2025 EACH OCCURRENCE 1,000,000 DAMAGEEWED EMISES TO 1,000,000 X MED UP (My one arson 10,000 PERSONAL& ADV INJURY 11000,000 AGGREGATE LIMIT APPLIES PER: POLICY JEE LOC GENERALAGGREGATE $ 2,000,000 GEN'L PRODUCTS. COMP/OP AGG 2,000,000 I Ded 0 OTHER: A AUTOMOBILE LIABILITY ,0MBINEDSINGLE LIMIT acciden 1000+000 BODILYIWURY Per arson ANY AUTO OWNED SCHEDULED AUTOS ONLY AUUT�OpSW X PSA0002832 1N/2024 1/1/2025 BODILYINJURY Peraccitlenl X AUTOS ONLY X AUTOS ONLB ANuobs.Owned PerOaccka,AMAGE X A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 AGGREGATE 5,000,000 X EXCESS LIAB CLAIMS -MADE PSE0004283 1/1/2024 111/2025 DEO X RETENTION$ 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN Wg�e ER/MEMBWR EXCLUDED? (mandatory in NH) If yes, describe undo' DESCRIPTION OF OPERATIONS below NIA X PSW0004799 1/112024 1/1/2025 X PER OTH- TA TE E E. L. EACH ACCIDENT 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 B Professional Liab. PRB0619117942 1/1/2024 111 22025 Per Claim 2,000,000 B Professional Liabili PRB0619117942 111/2024 1/1/2025 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: COSA City of Santa Ana is Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability and Workers' Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. City of Santa Ana Risk Management Division 20 Civic Center Plaza ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREO ACCORDANCE WITH THE POLICY PR( Risk AUTHORIZED REPRESENTATIVE V 8[ I11-W Management Dlvie[art REVIEWED lY APPROVRJ BY: A+.�:r Adw4�a ® Risk Management Specialist ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Named Insured: FCS International, Inc. RLI Insurance Company Policy Number: PSB0006629 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II — LIABILITY 1. C. WHO IS AN INSURED is amended to include as an additional insured any person or organization that you agree in a contract or agreement requiring insurance to include as an additional insured on this policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by you or those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "product -completed operations hazard", 2. The insurance provided to the additional insured by this endorsement is limited as follows: a, This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this policy. b. This insurance does not apply to the rendering of or failure to render any "professional services". c. This endorsement does not increase any of the limits of insurance stated in D. Liability And Medical Expenses Limits of Insurance. 3. The following is added to SECTION III H.Z. Other Insurance — COMMON POLICY CONDITIONS (BUT APPLICABLE ONLY TO SECTION 11 — LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an PPB 304 02 12 additional insured under this policy must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs after you have entered into that contract or agreement; or b. The "personal and advertising injury" for which coverage is sought arises out of an offense committed after you have entered into that contract or agreement. 4. The following is added to SECTION III K. 2. Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT APPLICABLE TO ONLY TO SECTION II — LIABILITY) We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" performed by you, or on your behalf, under a contract or agreement with that person or organization. We waive these rights only where you have agreed to do so as part of a contract or agreement with such person or organization entered into by you before the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Riak ntuugenunE DMsion Rim6ApmovmBY: ° �iIli11 j' ®. A+ ju Aawd, -W R6k Management SpeuAist Named Insured: FCS International, Inc. Policy Number: PSA0002832 BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para- graph A.I. Who Is An Insured Provision: Any business entity newly acquired or formed by you during the policy period, provided you own fifty percent (50%) or more of the business entity and the business entity is not separately insured for Bus-iness Auto Coverage. Coverage is extended up to a maximum of one hundred eighty (180) days following the acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is excluded by endorsement. B. Employees As Insureds The following is added to the SECTION II - COVERED AUTOS LIABILITY COVERAGE, Para- graph A.I. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. C. Blanket Additional Insured The following is added to the SECTION 11 - COVERED AUTOS LIABILITY COVERAGE, Para- graph A.I. Who Is An Insured Provision: Any person or organization that you are required to include as an additional insured on this coverage form in a contract or agreement that Is executed by you before the "bodily injury" or "property damage" occurs is an "insured" for liability coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION 11 - COVERED AUTOS LIABILITY COVERAGE. The insurance provided to the additional insured will be on a primary and non-contributory basis to the additional insured's own business auto coverage if you are required to do so in a contract or agreement that is executed by you before the "bodily injury" or "property damage" occurs. D. Blanket Waiver Of Subrogation The following is added to the SECTION IV - BUSI- NESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization to the extent required of you by a contract executed prior to any "accident" or "loss", provided that the "accident" or'loss" arises out PPA 300 03 13 of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. E. Employee Hired Autos 1. The following is added to the SECTION 11 - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes In General Conditions: Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". F. Fellow Employee Coverage SECTION II - COVERED AUTOS LIABILITY COVERAGE, Exclusion B.S. does not apply if you have workers compensation insurance in -force covering all of your employees. G. Auto Loan Lease Gap Coverage SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit Of Insurance, is amended by the addition of the following: In the event of a total "loss" to a covered "auto" shown in the Schedule of Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE section of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss'; x1AMwwgmm>t1xNe[an ReAe 6APPRov®ar. A Ards `®' Risk Management Specialist WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4.84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Schedule Job Description All persons or organizations that are party to a contract that Jobs performed for any person or organization that you requires you to obtain this agreement, provided you executed have agreed with in a written contract to provide this the contract before the loss. agreement. 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 preparation of the policy.) Named Insured: FCS International, Inc. Policy Number. PSW0004799 insurance Company: RLI Insurance Company ©1998 by the workers' Compensation Insurance Rating Bureau of California. All rights reserved. _ It;ek ManagrmaefDivlston MMEWED&APPRO mBy. A+g:� Acwtda ®; Ruk Management Spetlalirt -° Named Insured: FCS International, Inc. RLI Insurance Company Policy Number: PSB0008629 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack° FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM- SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work coverage is sought arises out of an offense and included committed after you have entered into that within the "product-completed operations hazard". contract or agreement. 2. The insurance provided to the additional insured by 4. The following is added to SECTION 111 K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION Ill — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only Medical Expenses Limits of Insurance. where you have agreed to do so as part of a contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION 11 — and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 OS (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description All persons or organizations that are party to a contract that Jobs performed for any person or organization that you requires you to obtain this agreement, provided you executed have agreed with in a written contract to provide this the contract before the loss. agreement. 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 preparation of the policy.) Named Insured: FCS International, Inc. Policy Number: PSWO004799 Insurance Company: RL.I Insurance Company ©9998 by the Workers'Compensation Insurance Rating Bureau of California.All rights reserved. Policy Number: PSA0002832 RLI Insurance Company Named Insured: FCS International, Inc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPaW BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage—Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition —Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition—Railroad Easement Q. Coverage Extensions—Audio,Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300 03 13 Page 1 of 5 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured of the operations contemplated by such contract. The The following is added to the SECTION II — waiver applies only to the person or organization COVERED AUTOS LIABILITY COVERAGE, Para- designated in such contract. graph A.1. Who Is An Insured Provision: E. Employee Hired Autos Any business entity newly acquired or formed by you 1. The following is added to the SECTION II — during the policy period, provided you own fifty COVERED AUTOS LIABILITY COVERAGE, percent (50%) or more of the business entity and the Paragraph A.1.Who Is An Insured Provision: business entity is not separately insured for Bus-iness An "employee" of yours is an "insured" while Auto Coverage. Coverage is extended up to a operating an "auto" hired or rented under a maximum of one hundred eighty (180) days following contract or agreement in that"employee's" name, the acquisition or formation of the business entity. with your permission, while performing duties This provision does not apply to any person or related to the conduct of your business. organization for which coverage is excluded by 2. Changes In General Conditions: endorsement. B. Employees As Insureds Paragraph 5.b. of the Other Insurance Con- dition in the BUSINESS AUTO CONDITIONS is The following is added to the SECTION II — deleted and replaced with the following: COVERED AUTOS LIABILITY COVERAGE, Para- graph A.1. Who Is An Insured Provision: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered Any"employee" of yours is an "insured"while using a "autos" you own: covered "auto" you don't own, hire or borrow in your (1) Any covered "auto" you lease, hire, rent business or your personal affairs. or borrow; and C. Blanket Additional Insured (2) Any covered "auto" hired or rented by The following is added to the SECTION II — your "employee" under a contract in that COVERED AUTOS LIABILITY COVERAGE, Para- individual "employee's" name, with your graph A.1. Who Is An Insured Provision: permission, while performing duties Any person or organization that you are required to related to the conduct of your business. include as an additional insured on this coverage form However, any"auto"that is leased, hired, in a contract or agreement that is executed by you rented or borrowed with a driver is not a before the"bodily injury" or"property damage" occurs covered "auto". is an "insured" for liability coverage, but only for F. Fellow Employee Coverage damages to which this insurance applies and only to SECTION II — COVERED AUTOS LIABILITY the extent that person or organization qualifies as an COVERAGE, Exclusion B.S. does not apply if you "insured" under the Who Is An Insured provision pp y contained in SECTION II — COVERED AUTOS have workers compensation insurance in-force LIABILITY COVERAGE. covering all of your employees. The insurance provided to the additional insured will G. Auto Loan Lease Gap Coverage be on a primary and non-contributory basis to the SECTION III — PHYSICAL DAMAGE COVERAGE, additional insured's own business auto coverage if C. Limit Of Insurance, is amended by the addition of you are required to do so in a contract or agreement the following: that is executed by you before the "bodily injury" or "property damage" occurs. In the event of a total"loss"to a covered"auto"shown in the Schedule of Declarations, we will pay any D. Blanket Waiver Of Subrogation unpaid amount due on the lease or loan for a covered "auto", less: The following is added to the SECTION IV — BUSI- 1. The amount paid under the PHYSICAL NESS AUTO CONDITIONS, A. Loss Conditions, 5. DAMAGE COVERAGE section of the policy; and Transfer Of Rights Of Recovery Against Others To Us: 2. Any: We waive any right of recovery we may have against a. Overdue lease/loan payments at the time of any person or organization to the extent required of the "loss"; you by a contract executed prior to any "accident" or "loss", provided that the"accident" or"loss" arises out PPA 300 03 13 Page 2 of 5 b. Financial penalties imposed under a lease for (2) An adjustment for depreciation and physical excessive use, abnormal wear and tear or condition will be made in the event of a total high mileage. "loss". c. Security deposits not returned by the lessor; (3) If a repair or replacement results in better d. Costs for extended warranties, Credit Life than like kind or quality,we will not pay for the Insurance, Health, Accident or Disability betterment. Insurance purchased with the loan or lease; (4) A deductible equal to the highest Physical and Damage deductible applicable to any owned e. Carry-over balances from previous loans or auto will apply. leases. (5) This Coverage Extension will not apply to: H. Glass Repair—Waiver Of Deductible (a) Any "auto" that is hired, rented or SECTION III — PHYSICAL DAMAGE COVERAGE, borrowed with a driver; or D. Deductible is amended by adding the following: (b) Any "auto" that is hired, rented or No deductible for a covered "auto" will apply to glass borrowed from your"employee". damage if the glass is repaired rather than replaced. K. Hired Auto Physical Damage— Loss Of Use I. Personal Effects Coverage The following is added to SECTION III — PHYSICAL The following is added to SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions: Extensions: e. We will pay sums which you legally must pay to c. Personal Effects Coverage the lessor of a covered "auto" which you have leased without a driver for thirty (30) days or less In the event of a total theft loss of your covered for the lessor's loss of use of the covered "auto", "auto"we will pay up to $400 for"loss"to wearing provided: apparel and other personal effects which are: (1) This insurance provides comprehensive, (1) Owned by an "insured"; and specified causes of loss or collision covered (2) In or on your covered "auto"; on the covered "auto"; No deductible applies to Personal Effects (2) The loss of use results from the covered " Coverage. auto" being damaged in an "accident" while you are leasing it. J. Hired Auto Physical Damage Coverage We will pay up to a maximum limit of$1,500 for The following is added to SECTION III — PHYSICAL this covered extension. DAMAGE COVERAGE, A. Coverage, 4. Coverage L. Hired Car—Worldwide Coverage Extensions: d. Hired Auto Physical Damage Coverage The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage If hired "autos" are covered "autos" for Liability Extensions: Coverage and this policy also provides Physical f. Hired Car—Worldwide Coverage Damage Coverage for an owned "auto", then the Physical Damage Coverage is extended to (1) We will pay all sums an"insured" legally must "autos"that you hire, rent or borrow subject to the pay as damages because of"bodily injury" or following: "property damage" to which this insurance (1) The most we will pay for "loss" in any one applies, caused by an "accident" which "accident" to a hired, rented or borrowed occurs outside of the United States of "auto" is the lesser of: America, the territories and possessions of the United States of America, Puerto Rico (a) $60,000 and Canada resulting from the maintenance, (b) The actual cash value of the damaged or or use of any covered "auto" of the private stolen property as of the time of the passenger type you lease, hire, rent or borrow without a driver for thirty (30) days or "loss"; or less. (c) The cost of repairing or replacing the (2) With respect to any claim made or "suit" damaged or stolen property with other instituted outside the United States of property of like kind and quality. America, the territories and possessions of the United States of America, Puerto Rico, and Canada: PPA 300 03 13 Page 3 of 5 (a) You shall undertake the investigation, M. Temporary Transportation Expenses settlement and defense of such claims SECTION III — PHYSICAL DAMAGE COVERAGE, and "suits" and keep us advised of all proceedings and actions. A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced (b) You will not make any settlement without by the following: our consent. a. Transportation Expenses (c) We will reimburse you: (1) We will pay up to a maximum of $1,500 for (i) For the amount of damages be- temporary transportation expense incurred cause of liability imposed upon you by you because of Physical Damage to a by law on account of"bodily injury"or covered "auto". "property damage" to which this insurance applies, and (2) We will pay only for those covered "autos"for which you carry Comprehensive, Colli-sion or (ii) For all reasonable expenses incurred Specified Case of Loss Coverage. with our consent in connection with the investigation, settlement or (3) We will pay only for those expenses incurred defense of such claims or "suits". by you during the period of time that begins Reimbursement for expenses will be twenty-four (24) hours after the covered part of the Limit of Insurance for "loss" and ends at the time when the covered liability coverage shown in the "auto" can be reasonable repaired or Business Auto Coverage replaced. Declarations, and not in addition to (4) This coverage does not apply while there are such limits. spare or reserve "autos" available to you for (3) The limit of Insurance for Liability Coverage your operations. shown in the Business Auto Coverage Declarations is the most we will reimburse N. Amended Bodily Injury Definition — Mental you for the sum of all damages imposed on Anguish you, as set forth in paragraph 2.c.above, and The following is added to SECTION V — all expenses incurred by you arising out of DEFINITIONS, Definition C.: any single "accident" or"loss". "Bodily injury" also includes mental anguish, but only (4) You must maintain the greater of the follow- when the mental anguish arises from other bodily ing primary auto liability insurance limits: injury, sickness or disease. (a) Compulsory admitted insurance with O. Airbag Coverage limits required to be in force to satisfy the legal requirements of the jurisdiction The following is added to SECTION III — PHYSICAL where the accident occurs; or DAMAGE COVERAGE B. Exclusions 3.a.: (b) Insurance limits required by law and However, this exclusion will not apply to accidental issued by a government entity or by an discharge of an airbag due to mechanical or electrical insurer licensed or permitted by law to do breakdown. business in the jurisdiction where the "accident" occurs; or P. Amended Insured Contract Definition — Railroad Easement (c) Auto liability insurance limits of at least $300,000 combined single limit or SECTION V— DEFINITIONS paragraph H. "Insured $100,000 per person/$300,000 per acci- contact" is modified as follows: dent Bodily Injury, $100,000 Property 1. Paragraph H.3. is replaced by the following: Damage. If you fail to comply with the above, this 3. Any easement or license agreement. insurance is not invalidated. However, in the 2. Paragraph H.6.a. is deleted. event of a"loss",we will pay only to the extent that we would have been liable had you so Q. Coverage Extensions — Audio, Visual And Data complied. Electronic Equipment Not Designed Solely For The Production Of Sound (5) The insurance provided by this coverage extension is excess over any other collec- SECTION III—PHYSICAL DAMAGE COVERAGE B. tible insurance available to you whether on a Exclusions, exception paragraph a.to exclusion 4.c. primary, excess contingent or any other and 4.d. is deleted and replaced with the following: basis. PPA 300 03 13 Page 4 of 5 a. Equipment and accessories used with such (2) A partner if you are a partnership; or equipment, except for tapes, records, discs or other electronic media device, provided such (3) An executive officer or insurance manager, if equipment is permanently installed in the covered you are a corporation. "auto" at the time of the "loss" or is removable S. Unintentional Errors Or Omissions from the housing unit which is permanently SECTION IV— BUSINESS AUTO CONDITIONS, B. installed in the covered "auto" at the time of the General Conditions; 2. Concealment Misrepre- "loss", and such equipment is designed to be sentation Or Fraud is amended by adding the solely operated by use of the power from the "autos" electrical system, in or upon the covered following: "autos"; or The unintentional omission of, or unintentional error R. Notice Of And Knowledge Of Occurrence in, any information given by you shall not prejudice your rights under this insurance. However this pro- SECTION IV — BUSINESS AUTO CONDITIONS, vision does not affect our right to collect additional A.2. Duties In The Event Of Accident, Claim Suit premium or exercise our right of cancellation or Or Loss, subparagraph a. is deleted and replaced nonrenewal. with the following: T. Towing Coverage a. In the event of "accident", claim, "suit" or "loss", SECTION III — PHYSICAL DAMAGE COVERAGE, you must give us or our authorized repre- A.2. Towing, is deleted and replaced by the sentative prompt notice of the "accident" or"loss" including: following: (1) How,when and where the"accident" or"loss" 2. We will pay up to $750 for towing and labor costs occurred; incurred each time a covered "auto" is disabled due to a covered cause of loss. However: (2) The "insured's" name and address; and a. All labor must be performed at the place of (3) To the extent possible, the names and disablement; and addresses of any injured person and witnesses. b. If the covered auto is a private passenger type no deductible applies; and Your duty to give us or our authorized representative prompt notice of the "accident" or C. If the covered auto is not of the private "loss" applies only when the"accident" or"loss" is passenger type our obligation to pay will be known to: reduced by a $250 deductible per disablement. (1) You, if you are an individual; ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300 03 13 Page 5 of 5 FCSINTE-01 MCCOWANA ,d►coRo CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/26/2024 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 License#OE67768 CONTACT Lea Coleman NAME: IOA Insurance Services PHONE FAX 3636 Nobel Drive (A/C,No,Ext):(619)400-1996 (A/C,No): Suite 410 E-MAIL-ADDRESS:lea.coleman@ioausa.com San Diego,CA 92122 INSURERS AFFORDING COVERAGE NAIC# INSURERA:RLI Insurance Company 13056 INSURED INSURER B:Hudson Insurance Company 25054 FCS International,Inc. INSURER 7 250 Commerce,Suite 250 INSURER 7 Irvine,CA 92602 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR PSB0008629 1/1/2025 1/1/2026 DAMAGE TO RENTED 1,000,000 X X PREMISES Ea occurrence $ X Cont Liab/Sev of Int MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 71 PEA LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Dec $ 0 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ ANY AUTO X PSA0002832 1/1/2025 1/1/2026 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ XNo Co.Owned Autos $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 X EXCESS LIAB CLAIMS-MADE PSE0004283 1/1/2025 1/1/2026 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER PSW 0004799 1/1/2025 1/1/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Professional Liab. PRB0619120077 1/1/2025 1/1/2026 Per Claim 2,000,000 B Ded.:$50k Per Claim PRB0619120077 1/1/2025 1/1/2026 Ann Aggregate 4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Re:COSA City of Santa Ana is Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract.Insurance is Primary and Non-Contributory.Waiver of Subrogation applies to General Liability and Workers'Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. TU Tran Digitally signed by _Tu Tran Nguyen APPROVED Date:CERTIFICATE HOLDER ng.01 2025.010, CANCELLATION By Tu Tran Nguyen at 8:00 am, Ian 30,2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana AUTHORIZED REPRESENTATIVE Risk Management Division 20 Civic Center Plaza _+ Santa Ana CA 92702 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Client#: 2100128 FCSINT DATE(MM/DD/YYYY) ACORDT1,1 CERTIFICATE OF LIABILITY INSURANCE 1 4/29/2026 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT LaFonda Smith NAME: USI Insurance Services, LLC PHONE 713 490-4600 FAX 713-490-4700 A/C,No,Ext: (A/C,No): 9811 Katy Freeway, Suite 500 ADDRESS: LaFonda.Smith@usi.com Houston, TX 77024 INSURER(S)AFFORDING COVERAGE NAIC# 713 490-4600 INSURER A:Nautilus Insurance Company 17370 INSURED INSURER B:Great Divide Insurance Company 25224 FCS International, Inc INSURER C:Beazley Excess and Surplus Lines Ins 17520 250 Commerce Suite 210 INSURERD:Houston Casualty Company 42374 Irvine, CA 92602 INSURER E: MSIG Special Insurance USA,Inc. 34886 Specialty 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 CONTRACTOR 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. ADDLSUBR LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY ECP204889610 01/01/2026 01/01/2027 EACH OCCURRENCE $1,000,000 CLAIMS-MADE L*OCCUR PREMISESOEa oceu ante $100,000 X BI/PD Ded:10000 MED EXP(Any one person) $5,000 PERSONAL$ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY JECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ E AUTOMOBILE LIABILITY HN0100099400 1/01/2026 01/01/202 EOaacccioeD SINGLELIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ XDeductible 5,000 $ A UMBRELLA LIAB OCCUR FFX204889710 1/01/2026 01/01/2027 EACH OCCURRENCE $5000000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE $5 000 000 DED RETENTION$ $ B WORKERS COMPENSATION WCA204889510 01/01/2026 01/01/2027 X STER ATUTE EORH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 C Cyber Liab D316F7260501 1/01/2026 01/01/202 $2M Agg/$5k ded D Prof Liab HCC2626391 1/01/2026 01/01/202 $2M ea claim/$4M agg $100k ded ea claim DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability and Auto policy includes an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status, and only with regard to work performed by or on behalf of the named insured, including completed operations if required by contract. The General Liability and Auto Liability policy(s) provide a Blanket Waiver of Subrogation when required by written contract, except as prohibited by law. The General Liability (See Attached Descriptions) APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 12:17 pm,May 01,2026 City f Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y o THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S53942327/M52755784 GXHZZ DESCRIPTIONS (Continued from Page 1) policy contains a special endorsement with Primary and Noncontributory wording,when required by written contract.The General Liability and Auto policy includes an endorsement providing that 30 days notice of cancellation and 10 days notice of cancellation for non-payment of premium. Umbrella Follows form Re: COSA. City of Santa Ana is Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory.Waiver of Subrogation applies to General Liability and Workers'Compensation. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. SAGITTA 25.3(2016/03) 2 of 2 #S53942327/M52755784 POLICY NUMBER: ECP204889610 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - ONGOING OPERATIONS - COVERAGE A, B, D.1 & DA Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2048896-10 1/1/2026 1/1/2027 1/1/2026 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III—WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. Such person(s)or organization(s)is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 —Contractors Pollution Legal Liability and Coverage DA— Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I -COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contractor agreement to provide for such additional insured, and c. Will not extend beyond that which is provided to you in this policy. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. 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. b. 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 ECP 1246 01 21 Includes copyrighted material of Insurance Services Office,Inc., used with its permission. Page 1 of 2 (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. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V— LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1.1.; or 2. Available under the applicable limits of insurance,- whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI— REPORTING, DEFENSE, SETTLEMENT&COOPERATION: 1. Duties --Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII—CONDITION 10.—Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1246 01 21 Includes copyrighted material of Insurance Services Office,Inc., used with its permission. Page 2 of 2 POLICY NUMBER: ECP204889610 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - COMPLETED OPERATIONS - COVERAGE A, D.1 & DA Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2048896-10 1/1/2026 1/1/2027 1/1/2026 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III—WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement. Such person(s)or organization(s)is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage DA —Contractors Pollution Legal Liability and Coverage DA— Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products-completed operations hazard. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contractor agreement to provide for such additional insured; and c. Will not extend beyond that which is provided to you in this policy. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. Bodily injury or property damage 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 involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V— LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI— ECP 1248 01 21 Includes copyrighted material of Insurance Services Office,Inc., used with its permission. Page 1 of 2 REPORTING, DEFENSE, SETTLEMENT&COOPERATION: 1. Duties --Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII—CONDITION 10.—Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1248 01 21 Includes copyrighted material of Insurance Services Office,Inc., used with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION (TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US) AUTOMATIC STATUS - COVERAGE A, B & D Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2048896-10 1/1/2026 1/1/2027 1/1/2026 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. The following is added to Paragraph 17. Subrogation of SECTION VII—CONDITIONS: We waive any right of recovery against any person(s) or organization(s) because of payments we make under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D—CONTRACTORS POLLUTION LIABILITY under this policy. Such waiver by us applies only if: 1. The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and 2. The insured has waived its right of recovery against such person(s)or organization(s) prior to loss. This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent. This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1260 01 21 Includes copyrighted material of Insurance Services Office,Inc., used with its permission. Page 1 of 1 POLICY NUMBER: WCA204889510 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B 06 14 TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X ) Blanket Waiver-Any person or organization as required in writing by contract or agreement prior to loss. 2. Operations: "All Texas Operations" 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s) arising out of the operations described. 4. Advance Premium: $0.00 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 preparation of the policy.) Endorsement Effective Policy No. Endorsement No. 01/01/2026 WCA2048895 10 Insured Premium FCS International, Inc. Insurance Company: Countersigned by Great Divide Insurance Company WC 42 03 04 B 06 14 ©Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. Page 1 Of 1 POLICY NUMBER: WCA204889510 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 04 84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0.00% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Any person or organization as required in writing by contract or agreement prior to loss. 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 preparation of the policy) Endorsement Effective Policy No. Endorsement No. 01/01/2026 WCA2048895 10 Insured Premium FCS International, Inc. Insurance Company: Countersigned by Great Divide Insurance Company WC 04 03 06 04 84 1998 by the Workers'Compensation Insurance Rating Bureau of California. Page 1 of 1 All rights reserved. From the WCIRB's California Workers'Compensation Insurance Forms Manual 2001. POLICY NUMBER: WCA204889510 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 04 84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization as required in writing by contract or agreement prior to loss. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. WC 00 03 13 04 84 © 1983 National Council on Compensation Insurance Page 1 of 1 POLICY NUMBER: FFX204889710 FOLLOW FORM EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words"we", "us"and"our"refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under the controlling underlying insurance. Other words and phrases that appear in bold in this Coverage Form have special meaning. Refer to Section IV-Definitions. Other words and phrases that are not defined under this Coverage Form but defined in the controlling underlying insurance will have the meaning described in the policy of controlling underlying insurance. This policy is subject to the same representations and warranties as are contained in the application for any controlling underlying insurance, and the insurance provided under this Coverage Form will follow the same terms, conditions, agreements, exclusions, definitions and limitations that are contained in the applicable controlling underlying insurance, unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Form will apply. However, the coverage provided under this Coverage Form will not be broader than that provided by the applicable controlling underlying insurance. There may be more than one controlling underlying insurance listed in the Declarations and provisions in those policies conflict, and which are not superseded by the provisions of this Coverage Form. In such a case, the terms, conditions, agreements, exclusions, definitions and limitations of the controlling underlying insurance applicable to the particular event for which a claim is made or suit is brought will apply. SECTION I -COVERAGES 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit for injury or damage to which insurance provided under this Coverage Form applies, however, coverage under this policy will not be available unless and until the full amount of all controlling underlying insurance has been exhausted by the actual payment by the controlling underlying insurer of the applicable retained limit as shown in the Schedule of Controlling Underlying Insurance. Where the controlling underlying insurance has the duty to defend, we will have the right and duty to defend the insured against any suit seeking damages for such injury or damage under this Coverage Form when the applicable limits of controlling underlying insurance have been exhausted through the payment of the underlying limits in full in accordance with the provisions of such controlling underlying insurance. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other suit seeking damages for injury or damage. However, we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not apply. At our discretion, we may investigate any event that may involve this insurance and settle any resultant claim or suit, for which we have the duty to defend. But: (1) The amount we will pay for ultimate net loss is limited as described in Section II - Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense costs,judgments or settlements under this Coverage Form. b. This insurance applies to injury or damage that is subject to an applicable retained limit. If any other limit, such as a sublimit, is specified in the controlling underlying insurance, this insurance does not apply to injury or damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of Controlling Underlying Insurance. FFX 8000 02 22 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 1 of 7 Furthermore, if any controlling underlying insurance shown in the Schedule of Controlling Underlying Insurance (SCHEDULE)attached hereto has a limit of liability: (1) Greater than the amount shown in such Schedule of Controlling Underlying Insurance,then this policy will apply in excess of the greater amount; or (2) Less than the amount shown in such Schedule of Controlling Underlying Insurance, then this policy will apply in excess of the amount shown in such Schedule of Controlling Underlying Insurance. c. (1) If the controlling underlying insurance requires, for a particular claim, that the injury or damage occur during its policy period in order for that coverage to apply, then this insurance will only apply to that injury or damage if it occurs during the policy period of this Coverage Form. If the controlling underlying insurance requires that the event causing the particular injury or damage takes place during its policy period in order for that coverage to apply,then this insurance will apply to the claim only if the event causing that injury or damage takes place during the policy period of this Coverage Form. (2) If any controlling underlying insurance is written on a claims-made or discovery basis, the following applies to the insurance provided by this Coverage Form which is excess over that underlying insurance: If the controlling underlying insurance requires, for a particular claim, that the injury or damage occur on or after the Retroactive Date shown in the Declarations of that insurance in order for that coverage to apply, then this insurance will only apply to that injury or damage which occurs on or after the Retroactive Date shown in the controlling underlying insurance but before the end of the policy period of this Coverage Form. If the controlling underlying insurance requires, for a particular claim, that the event causing the particular injury or damage takes place on or after the Retroactive Date shown in the Declarations of that insurance in order for that coverage to apply, then this insurance will apply to the claim only if the event causing that injury or damage takes place on or after the Retroactive Date shown in the controlling underlying insurance but before the end of the policy period of this Coverage Form. A claim for damages for such injury or damage must be first made against the insured during this policy period or any extended reporting period provided under this Coverage Form. A claim will be considered first made under this Coverage Form: (1) When notice of such claim is received and recorded by any insured or by us, whichever comes first, if the controlling underlying insurance is written on a claims-made and recorded basis; or (2) When notice of such claim,after being received by any insured, is reported to us in writing, if the controlling underlying insurance is written on any other claims-made basis. d. Any additional insured under any policy of controlling underlying insurance will automatically be an additional insured under this insurance but only to the extent consistent with the Construction Anti-indemnity Statute(s) held in the applicable jurisdiction. 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 lesser of the amount of insurance required by the contract or agreement, or the Each Occurrence Limit of this policy, less any amounts payable by any controlling underlying insurance. Additional insured coverage provided by this insurance will not be broader than coverage provided by the controlling underlying insurance. 2. Exclusions The following exclusions, and any other exclusions added by endorsement, apply to this Coverage Form. In addition, the exclusions applicable to any controlling underlying insurance apply to this insurance unless superseded by the following exclusions, or superseded by any other exclusions added by endorsement to this Coverage Form. Insurance provided under this Coverage Form does not apply to Injury or damage, costs and expenses, because of, caused by or arising out of, either directly or indirectly, in whole or in part, by: a. Auto Any loss, cost or expense payable under or resulting from any of the following auto coverages: (1) First-party physical damage coverage; (2) No-fault coverage; (3) Personal injury protection or auto medical payments coverage; or (4) Uninsured or underinsured motorists' coverage. FFX 8000 02 22 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 2 of 7 b. Medical Payments Medical payments coverage or expenses that are provided without regard to fault, whether or not provided by the applicable controlling underlying insurance. c. Workers' Compensation And Similar Laws Any obligation of the insured under a workers'compensation, disability benefits or unemployment compensation law or any similar law. SECTION II - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations, and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or suits brought, or number of vehicles involved; c. Persons or organizations making claims or bringing suits; or d. Limits available under any controlling underlying insurance. 2. The Limits of Insurance of this Coverage Form will apply as follows: a. This insurance only applies in excess of the retained limit. b. The Aggregate Limit is the most we will pay for all ultimate net loss, for all injury or damage including defense costs covered under this Coverage Form. Defense costs are part of, and not in addition to,the limits of insurance, and the payment of defense costs reduces the limits of insurance. However, this Aggregate Limit only applies to injury or damage that is subject to an aggregate limit of insurance under the controlling underlying insurance. c. Subject to Paragraph 2.b. above, the Each Occurrence Limit is the most we will pay for all ultimate net loss including defense costs under this insurance for all injury or damage arising out of any one event. Defense costs are part of, and not in addition to, the limits of insurance, and the payment of defense costs reduces the limits of insurance. 3. If any controlling underlying insurance has a policy period that is different from the policy period of this Coverage Form then, for the purposes of this insurance, the retained limit will only be reduced or exhausted by actual payment(s) made in full by the controlling underlying insurer for injury or damage covered under this insurance. 4. The Limits of Insurance shown in the Declarations will not ever be reinstated. SECTION III -CONDITIONS The following conditions apply. In addition, the conditions applicable to any controlling underlying insurance are also applicable to the coverage provided under this insurance unless superseded by the following conditions. 1. Appeals If the controlling underlying insurer or insured elects not to appeal a judgment in excess of the amount of the retained limit, we may do so at our own expense. We will also pay for taxable court costs, pre-and post-judgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section II - Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Form. b. Bankruptcy Of Controlling Underlying Insurer Bankruptcy or insolvency of the controlling underlying insurer will not relieve us of our obligations under this Coverage Form. However, insurance provided under this Coverage Form will not replace any controlling underlying insurance in the event of bankruptcy or insolvency of the controlling underlying insurer. The insurance provided under this Coverage Form will apply as if the controlling underlying insurance were in full effect and recoverable. FFX 8000 02 22 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 3 of 7 3. Duties In The Event Of An Event, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an event, regardless of the amount, which may result in a claim under this insurance. To the extent possible, notice should include: (1) How, when and where the event took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the event. b. If a claim is made or suit is brought against any insured, you must: (1) Immediately record the specifics of the claim or suit and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other insured involved must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will do or omit to do anything to prejudice our rights under this Coverage Form, and no insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 4. First Named Insured Duties The first Named Insured is the person or organization first named in the Declarations and is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other Named Insureds for giving and receiving of notice of cancellation or the receipt of any return premium that may become payable. At our request, the first Named Insured will furnish us, as soon as practicable, with a complete copy of any controlling underlying insurance and any subsequently issued endorsements or policies which may in any way affect the insurance provided under this Coverage Form. 5. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. 6. Changes This Coverage Form contains all the agreements between you and us concerning the insurance afforded. The first Named Insured is authorized by all other insureds to make changes in the terms of this Coverage Form with our consent. No change in, modification of, or assignment of interest under this Coverage Form shall be effective except when made by written endorsement to this Coverage Form which is signed by our authorized representative. This Coverage Form shall become subject to any changes upon the effective date of the changes in the controlling underlying insurance, but only upon the condition that we agree to follow such changes by written endorsement attached hereto and the FFX 8000 02 22 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 4 of 7 Insured pays when due any additional premium required by us relating to such changes and / or agrees to any amendment of the provisions of this Coverage Form required by us relating to such changes. 7. Maintenance Of/Changes To Controlling Underlying Insurance The insured warrants that the retained limit, where applicable, as shown in the Schedule of Controlling Underlying Insurance, shall be unimpaired as of the effective date of this policy. Any controlling underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of aggregate limits in accordance with the provisions of such controlling underlying insurance that results from injury or damage to which this insurance applies. Such exhaustion or reduction is not a failure to maintain controlling underlying insurance. The Insured, not the Insurer, will bear the risk that any controlling underlying insurance is or may be uncollectible. This Coverage Form will not drop down for any reason, including, but not limited to, the uncollectibility (in whole or in part) of the controlling underlying insurance, even if such uncollectibility is due to the financial impairment or insolvency of the issuer of any controlling underlying insurance. Coverage under this policy will not be available unless and until all controlling underlying insurance has been exhausted by the actual payment by the controlling underlying insurer of the applicable retained limit as shown in the Schedule of Controlling Underlying Insurance. The first Named Insured must notify us in writing with full particulars as soon as practicable in the event: a. Any controlling underlying insurance is cancelled, not renewed, replaced or otherwise terminated; b. The limits or scope of coverage of any controlling underlying insurance is changed; c. The aggregate limits of liability of any controlling underlying insurance become exhausted; d. Any controlling underlying insurance is not maintained in full effect during the policy period; or e. Any insurer issuing any controlling underlying insurance becomes subject to receivership, liquidation, dissolution, rehabilitation, or similar proceeding or being taken over by any regulatory authority. 8. Other Insurance a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Form. When this insurance is excess, if no other insurer defends, we may undertake to do so, but we will be entitled to the insured's rights against all those other insurers. b. When this insurance is excess over other insurance, we will pay only our share of the ultimate net loss that exceeds: (1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Form; plus (2) The total of all deductible and self-insured amounts under all that other insurance. 9. Premium Audit a. We will compute all premiums for this Coverage Form in accordance with our rules and rates. b. If this policy is auditable, the premium shown in this Coverage Form as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premium is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 10. Loss Payable Liability under this Coverage Form does not apply to a given claim unless and until: a. The insured or insured's controlling underlying insurer has become obligated to pay the retained limit; b. The full amount of the applicable retained limit described in a. above has been exhausted as a result of actual payment made in full by a controlling underlying insurer; and FFX 8000 02 22 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 5 of 7 c. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured, claimant, controlling underlying insurer (or a representative of one or more of these) and us, and first-party claim amount that we, at our sole discretion, agree in writing to be necessary and reasonable. 11. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Form or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, controlling underlying insurer and the claimant or the claimant's legal representative. 12. Transfer Of Defense a. Defense Transferred To Us When the limits of controlling underlying insurance have been exhausted, in accordance with the provisions of controlling underlying insurance, we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the controlling underlying insurance had the applicable limit not been exhausted. b. Defense Transferred By Us When our limits of insurance have been exhausted our duty to provide a defense will cease. We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this Coverage Form of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the controlling underlying insurance had the applicable limit not been exhausted. In the event that there is no insurance written as excess over this Coverage Form, we will cooperate in the transfer of control to the insured and its designated representative. 13. When We Do Not Renew If we decide not to renew this Coverage Form,we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. 14. Claims-Made Extended Reporting Period a. Any provisions under the controlling underlying insurance relating to an Extended Reporting Period for which a separate premium charge is made do not apply to this insurance, unless an Extended Reporting Period is purchased under this insurance. b. An Extended Reporting Period,consistent with the terms,conditions and duration of any Extended Reporting Period available in accordance with the terms of any controlling underlying insurance,will be available for this Coverage Form by endorsement, for an additional charge, if: (1) This policy is cancelled or not renewed; or (2) This policy is renewed or replaced with insurance that: i. Has a Retroactive Date later than the date shown in the controlling underlying insurance; or ii. Does not apply to injury or damage on a claims-made basis. c. If this policy and the controlling underlying insurance are cancelled or not renewed and an Extended Reporting Period has been provided under the controlling underlying insurance, then an Extended Reporting Period will be available for this Coverage Form. The Extended Reporting Period available under this Coverage Form will be consistent with the terms, conditions and duration of any Extended Reporting Period provided in accordance with the terms of the controlling underlying insurance. FFX 8000 02 22 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 6 of 7 POLICY NUMBER: FFX204889710 d. You must give us a written request for the Extended Reporting Period endorsement under this Coverage Form no later than the time allowed to purchase such endorsement under the controlling underlying insurance. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due and any premium you owe us for coverage provided under this policy. e. We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the following: (1) The exposures insured; (2) Previous types and amounts of insurance; (3) Limits of Insurance available under this policy for future payment of damages; and (4) Other related factors. 15. Notices All notices under this policy shall be given as provided for in the controlling underlying insurance. In addition, all notices to us under this policy shall be sent to the address below or any substitute address as provided by us: Berkley Environmental Attention: Claims Department 101 Hudson Street, Suite 2500 Jersey City, New Jersey 07302 SECTION IV- DEFINITIONS The definitions applicable to any controlling underlying insurance also apply to this insurance. In addition, the following definitions apply. 1. Actual payment means remittance in currency, not credits or debits, from a controlling underlying insurer to an insured or a claimant. 2. Controlling underlying insurance means any policy of insurance or self-insurance listed in the Declarations under the Schedule of Controlling Underlying Insurance. 3. Controlling underlying insurer means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of Controlling Underlying Insurance. 4. Defense Costs means any reasonable and necessary fees charged by an attorney and designated by the company, and where the insured has the right to select independent counsel, the rates we would actually pay to counsel that we retain in the ordinary course of business in the defense of a similar claim or suit in the community where the claim or suit arose or is being defended, as well as other reasonable and necessary costs, including expert witness and court reporters, in connection with the investigation, adjustment, settlement, defense or appeal of a claim or suit. It does not include the salaries of our regular employees or supervisory counsel retained by us, or any cost or expense incurred by the insured in assisting in the investigation or defense of the claim or suit. 5. Event means an occurrence, offense, accident, act, discovery, claim or suit or other event, to which the applicable controlling underlying insurance applies. 6. Injury or damage means any injury or damage, covered in the applicable controlling underlying insurance arising from an event. 7. Retained limit means the available limits of controlling underlying insurance applicable to the claim. 8. Ultimate net loss means the amount covered by this Coverage Form, after reduction for recoveries, or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of: a. Defense costs, settlements,judgments, binding arbitration; plus b. Other binding alternate dispute resolution proceeding entered into with our consent, plus c. Any first-party claim amount that we, at our sole discretion, agree in writing to be necessary and reasonable. FFX 8000 02 22 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission. Page 7 of 7 POLICY NUMBER: HN0100099400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - SCHEDULED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE 1855 Benicia Rd LLC 2019 Ozone Affordable Housing 20th Avenue Owner, LLC 3177 California Avenue 410 W San Rafael Dr LLC S45 Sansome Street, BHSD 54S Propco LLC ADEC Innovations ADSCO, LLC AECOM Technical Services, Inc. AECOM Technical Services, Inc. Affirm, Inc. Alliance Residential Company,;A Delaware Limited Liability Anaheim Planning& Building Department; Anton Fong Ranch Owners, LLC; CO Anton DevCo Anton Thurber, LLC ARCO Construction Company, Inc. ARCO/Murray National Construction Company, Inc. Argent Development Argonaut Offices, LLC Artesia Acquisition Company LLC BayWa r.e. USA, LLC BCD Newport Beach, LLC, a Delaware limited liability company; Beazer Homes Usa, Inc Berkeley Unified School District Biggs Cardosa Associates, Inc. Black Oak Builders/ Innovations Brickyard Cove Multifamily, LLC; c/o Republic BRW Architects, Inc Burbank Housing Development Corporation Buzz Oates Construction, Inc. California Department of Parks and Recreation California Land Investments, LLC Cameron-Cole, LLC MSES 14911 06 21 Page 1 of 1 ©2021 MSIG Holdings(U.S.A.), Inc. All rights reserved Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: HN0100099400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Cameron-Cole, LLC, a limited liability company Carissimi Rohrer McMullen Architects & Planner Carissimi Rohrer McMullen, Architects and Planners, Inc. Carson Estate Trust Carson VA Industrial II, LP CBRE City of American Canyon City of Anaheim City of Anaheim City of Anaheim City of Antioch City of Benicia City of Berkeley City of Brawley City of Buena Park City of Burlingame City of Carson CITY OF CHICO City of Chino Hills City of Cloverdale; Planning and Community City of Clovis;Planning and Development Services Department City of Colton City of Costa Mesa City of Dublin City of Fontana City of Fort Bragg City of Foster City City of Fresno City of Fresno CITY OF FRESNO, a California municipal corporation CITY OF FRESNO, a California municipal; corporation Planning and City of Fresno; City of Fullerton City of Fullerton;Attn: Community and Economic City of Garden Grove;Department of Community Development City of Gilroy, its officers, officials and employees City of Hayward City of Healdsburg City of Hercules, a California municipality City of Irvine City of Irvine, California City of Jurupa Valley City of Lake Elsinore;Attn: City Manager MSES 14911 06 21 Page 1 of 1 ©2021 MSIG Holdings(U.S.A.), Inc. All rights reserved Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: HN0100099400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. City of Lincoln City of Livermore; Planning Division/Community City of Los Angeles and its Agencies, Boards and Depts City of Madera City of Menifee, Community Development City of Milpitas City of Moreno Valley City of Murrieta City of Napa City of Napa City of Napa, a California charter city City of Norwalk City of Palmdale; Department of Economic and City of Petaluma City of Pinole City of Pleasant Hill City of Pleasanton City of Pleasanton City of Pomona; Development Services City of Rancho Cucamonga City of Richmond City of Riverside City of San Bruno City of San Ramon City of San Ramon City of Santa Ana City of Santa Rosa City of Saratoga City of South San Francisco City of Tracy City of Tracy; Community& Economic City of Walnut Creek City of West Hollywood; c/o EXIGIS Insurance Compliance Services Claremont Homes, Inc. Cleco Corporate Holdings LLC, a Louisiana limited Compass Group Comstock, Crosser&Associates Development Company, Inc. Condor Country Consulting, Inc. Contra Costa County Contra Costa County Contra Costa County Contra Costa County Public Works Department County of Contra Costa MSES 14911 06 21 Page 1 of 1 ©2021 MSIG Holdings(U.S.A.), Inc. All rights reserved Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: HN0100099400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. County of Fresno; Department of Public County of Kern County of Los Angeles Public Works County of San Bernardino and; San Bernardino County County of San Bernardino and;San Bernardino County Flood Control County of San Bernardino; &San Bernardino County County of San Bernardino; Department of Public County of San Bernardino;&San Bernardino County Flood County of San Bernardino;Department of Public Works-EMD County of San Bernardino;Land Use Services Department County of Santa Clara County of Santa Clara County of Solana CP-SRM San Jose, LLC Crowley Maritime Corporation Cushman &Wakefield U.S. Inc.;Attn: Property Manager D. R. Horton, Inc. D.R. Horton, Inc.; Its Affiliates and Subsidiaries David Dollinger Discovery Homes Holdings, LLC Discovery Homes Holdings, LLC; Discovery Builders, Inc. DivcoWest Don Pickett &Associates DP Ventrures, LLC; Attn: David Dollinger Duarte Multifamily II, LLC; and parties listed herein Duarte Multifamily, LLC,A Delaware Limited Liability Company Duarte Multifamily, LLC;And Parties Listed Herein Dyer Industrial, LLC and IDS Real Estate EA Engineering, Science, and Technology, Inc., PBC East Bay Municipal Utility District; East Bay Regional Park District ECM Management ECS Management Eden Housing Inc and Education Housing Partners, Inc., Eden Housing, Inc. Eden Housing, Inc. and all Entities Education Housing Partners, Inc. Environmental Resource Solutions, Inc.; Environmental Systems Design, Inc.; Error; Baywood Property Management, Inc. Esmeralda Land Company, LP FH II Homebuilders, Inc. FH II, LLC MSES 14911 06 21 Page 1 of 1 ©2021 MSIG Holdings(U.S.A.), Inc. All rights reserved Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER:HN0100099400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. First Industrial Realty Trust, Inc. FOR YOUR REFERENCE ONLY Forestar(USA) Real Estate Group Inc.; Genworth Mortgage Insurance Australia Limited GIC MILPITAS LLC Google LLC, a Delaware limited liability company HUSPRF Investor SPV I LP;c/o Hines Interests Limited Partnership 110 Logistics Owner, LLC ICSC IDI Logistics LLC Imperial County Ingram Micro Inc. InSite Property Group LLC Jaeger McHugh & Company, Inc Jones Lang LaSalle SAS K. Hovnanian La Canada Unified School District Land Development Consultants, LLC Latala Group Lincoln Joiner Multifamily LLC Lion Land Venture 1, LLC; Lisa Wise Consulting, Inc.; LIT Industrial Limited Partnership; a Delaware limited Mark Thomas Mark Thomas& Company, Inc. Mayfair Affordable Housing LP, MBK Homes, LLC Meritge Homes Corporation Michael Mileski; Mileski Living Trust Milan Capital Management, Inc. Milestone Technologies, Inc Millbrae MLC Holdings, Inc. Moog, Inc. Mulberry Ridge, LLC Napa Valley Investment Property, Inc. Navistar, Inc. Noreas Environmental Engineering &Science NorthPoint Holdings, LLC Northstate Developers Company, LLC;Discorvery Builders, Inc. Odd Fellows Recreation Club OGE Energy Corp. Ontario Emporia II Housing Partners, L.P. MSES 14911 06 21 Page 1 of 1 ©2021 MSIG Holdings(U.S.A.), Inc. All rights reserved Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: HN0100099400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Oracle America, Inc. Pera Urban Wst Corporation;c/o Jones Lang Lasalle Americas, Inc. Porto's Bakery Anaheim, LLC PulteGroup, Inc. its affiliates and subsidiaries Raimi &Associates, Inc. Recology Service Center; Insurance Compliance Riaz Capital Richmond American Homes of Maryland, Inc. Ridge Capital, Inc. Riverside County Regional Park&Open Space District Riverside County Transportation Commission; c/o EXIGIS Insurance Riverside Unified School District Riverside Unified School District RMG Housing, LLC RMW RP Land Holdings, LLC RRM Design Group RRM Design Group RWC Hitch Ranch, LLC San Benito County San Bernardino City Unified School District San Bernardino County San Bernardino County Flood Control District San Diego County Superintendent of Schools San Juan Hollister Multifamily LLC SANTA ROSA 8 INV., LLC Seefried Development Management, Inc. Seefried Development Management, Inc. Seefried Development Management, Inc. Seefried Industrial Properties Seefried Industrial Properties, Inc. Seefried Industrial Properties, Inc. Seefried Industrial Properties, Inc. Seefried Industrial Properties, Inc. Seefried Industrial Properties, Inc. Seefried Industrial Properties, Inc. Seefried Properties Silvergate Brentwood, LLC SLR Orange Development, LLC Solano Community College District Solano Community College District SRM Construction, Inc. SRM Studio City MSES 14911 06 21 Page 1 of 1 ©2021 MSIG Holdings(U.S.A.), Inc. All rights reserved Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: HN0100099400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Stanislaus County State of Wisconsin Storage Tech, Inc. Summer Home Park Corporation Sunnyvale 2 INC, LLC;City Ventures Construction Inc Synergy Consulting Takeda Pharmaceuticals U.S.A., Inc., TDC ALISO VIEJO PARTNERS, L.L.C. The City of Foster City/EMID (See Description of Operations) The City of Laguna Beach The City of Milpitas The City of Rohnert Park The Claremont Companies, LLC The Housing Authority of the City of Oakland The Irvine Company The Irvine Company LLC Office Properties The Lawrence Ellison Foundation The Regents of the University of California Toll Brothers Inc.;Attn: Vendor Insurance Toll Brothers, Inc. Town of Windsor Town of Windsor Cert Trader Joes Company TricorBraun Global Support Center Turlock Self Storage,LLC Uptown Menlo Park Venture, LLC USA Properties Find, Inc. USA Properties Fund Vantage Data Centers Watson Land Company WDI Hold Co, LLC WiConduit Woodstock Development W RA ADDRESSES ON FILE WITH THE COMPANY A. SECTION II—COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1.Who Is An Insured is amended to include as an "insured" the person(s) or organization(s) shown in the Schedule, but only with respect to their liability for "bodily injury" or "property damage" to which this insurance applies, caused in whole or in part, by an "accident" resulting from the ownership, maintenance or use of a covered "auto". However, the insurance afforded to such "insured": 1. Only applies to the extent permitted by law; and MSES 14911 06 21 Page 1 of 1 ©2021 MSIG Holdings(U.S.A.), Inc. All rights reserved Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: HN0100099400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 2. If coverage provided to the "insured" is required by a contract or agreement, the insurance afforded to such "insured"will not be broader than that which you are required by contract or agreement to provide such "insured". B. SECTION II- COVERED AUTOS LIABILITY COVERAGE, B. Exclusions is amended to include: This insurance does not apply to: "Bodily injury" or"property damage" for which the Person(s) or Organization(s) shown in the Declarations or Schedule is obligated to pay damages by reason of the assumption of liability in a contract or agreement C. SECTION II—COVERED AUTOS LIABILITY COVERAGE, C. Limits Of Insurance is amended to include: The most we will pay on behalf of the "insured"shown in the Schedule is the amount of insurance: 1. Required by the contract or agreement you have entered into with the "insured"; or 2. 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 Declarations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MSES 14911 06 21 Page 1 of 1 ©2021 MSIG Holdings(U.S.A.), Inc. All rights reserved Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: HN0100099400 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Names Of Persons Or Organ ization s : 1855 Benicia Rd LLC 2019 Ozone Affordable Housing 20th Avenue Owner, LLC 3177 California Avenue 410 W San Rafael Dr LLC 545 Sansome Street, BHSD 545 Propco LLC ADEC Innovations ADSCO, LLC AECOM Technical Services, Inc. AECOM Technical Services, Inc. Affirm, Inc. Alliance Residential Company,;A Delaware Limited Liability Anaheim Planning& Building Department; Anton Fong Ranch Owners, LLC; CO Anton DevCo Anton Thurber, LLC ARCO Construction Company, Inc. ARCO/Murray National Construction Company, Inc. Argent Development Argonaut Offices, LLC Artesia Acquisition Company LLC BayWa r.e. USA, LLC BCD Newport Beach, LLC, a Delaware limited liability company; Beazer Homes Usa, Inc Berkeley Unified School District Biggs Cardosa Associates, Inc. Black Oak Builders/ Innovations MSES 14912 06 21 Page 1 of 8 ©2021 MSIG Holdings(U.S.A.), Inc. All rights reserved Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER: HN0100099400 Brickyard Cove Multifamily, LLC; c/o Republic BRW Architects, Inc Burbank Housing Development Corporation Buzz Oates Construction, Inc. California Department of Parks and Recreation California Land Investments, LLC Cameron-Cole, LLC Cameron-Cale, LLC, a limited liability company Carissimi Rohrer McMullen Architects & Planner Carissimi Rohrer McMullen, Architects and Planners, Inc. Carson Estate Trust Carson VA Industrial II, LP CBRE City of American Canyon City of Anaheim City of Anaheim City of Anaheim City of Antioch City of Benicia City of Berkeley City of Brawley City of Buena Park City of Burlingame City of Carson CITY OF CHICO City of Chino Hills City of Cloverdale; Planning and Community City of Clovis;Planning and Development Services Department City of Calton City of Costa Mesa City of Dublin City of Fontana City of Fort Bragg City of Foster City City of Fresno City of Fresno CITY OF FRESNO, a California municipal corporation CITY OF FRESNO, a California municipal; corporation Planning and City of Fresno; City of Fullerton City of Fullerton;Attn: Community and Economic City of Garden Grove;Department of Community Development City of Gilroy, its officers, officials and employees Page 2 of 8 © Insurance Services Office, Inc., 2008 ❑ POLICY NUMBER:HN0100099400 City of Hayward City of Healdsburg City of Hercules, a California municipality City of Irvine City of Irvine, California City of Jurupa Valley City of Lake Elsinore; Attn: City Manager City of Lincoln City of Livermore; Planning Division /Community City of Los Angeles and its Agencies, Boards and Depts City of Madera City of Menifee, Community Development City of Milpitas City of Moreno Valley City of Murrieta City of Napa City of Napa City of Napa, a California charter city City of Norwalk City of Palmdale; Department of Economic and City of Petaluma City of Pinole City of Pleasant Hill City of Pleasanton City of Pleasanton City of Pomona; Development Services City of Rancho Cucamonga City of Richmond City of Riverside City of San Bruno City of San Ramon City of San Ramon City of Santa Ana City of Santa Rosa City of Saratoga City of South San Francisco City of Tracy City of Tracy; Community& Economic City of Walnut Creek City of West Hollywood; c/o EXIGIS Insurance Compliance Services Claremont Homes, Inc. Cleco Corporate Holdings LLC, a Louisiana limited Compass Group ® ISO Properties, Inc., 2005 Page 3 of 8 ❑ POLICY NUMBER:HN0100099400 Comstock, Crosser&Associates Development Company, Inc. Condor Country Consulting, Inc. Contra Costa County Contra Costa County Contra Costa County Contra Costa County Public Works Department County of Contra Costa County of Fresno; Department of Public County of Kern County of Los Angeles Public Works County of San Bernardino and; San Bernardino County County of San Bernardino and;San Bernardino County Flood Control County of San Bernardino; &San Bernardino County County of San Bernardino; Department of Public County of San Bernardino;&San Bernardino County Flood County of San Bernardino;Department of Public Works-EMD County of San Bernardino;Land Use Services Department County of Santa Clara County of Santa Clara County of Solana CP-SRM San Jose, LLC Crowley Maritime Corporation Cushman & Wakefield U.S. Inc.;Attn: Property Manager D. R. Horton, Inc. D.R. Horton, Inc.; Its Affiliates and Subsidiaries David Dellinger Discovery Homes Holdings, LLC Discovery Homes Holdings, LLC; Discovery Builders, Inc. DivcoWest Don Pickett &Associates DP Ventrures, LLC;Attn: David Dollinger Duarte Multifamily II, LLC; and parties listed herein Duarte Multifamily, LLC,A Delaware Limited Liability Company Duarte Multifamily, LLC; And Parties Listed Herein Dyer Industrial, LLC and IDS Real Estate EA Engineering, Science, and Technology, Inc., PBC East Say Municipal Utility District; East Bay Regional Park District ECM Management ECS Management Eden Housing Inc and Education Housing Partners, Inc., Eden Housing, Inc. Eden Housing, Inc. and all Entities Page 4 of 8 © Insurance Services Office, Inc., 2008 0 POLICY NUMBER:HN0100099400 Education Housing Partners, Inc. Environmental Resource Solutions, Inc.; Environmental Systems Design, Inc.; Error; Baywood Property Management, Inc. Esmeralda Land Company, LP FH II Homebuilders, Inc. FH II, LLC First Industrial Realty Trust, Inc. FOR YOUR REFERENCE ONLY Forestar(USA) Real Estate Group Inc.; Genworth Mortgage Insurance Australia Limited GIC MILPITAS LLC Google LLC, a Delaware limited liability company HUSPRF Investor SPV I LP;c/o Hines Interests Limited Partnership 110 Logistics Owner, LLC ICSC IDI Logistics LLC Imperial County Ingram Micro Inc. InSite Property Group LLC Jaeger McHugh & Company, Inc Jones Lang LaSalle SAS K. Hovnanian La Canada Unified School District Land Development Consultants, LLC Latala Group Lincoln Joiner Multifamily LLC Lion Land Venture 1, LLC; Lisa Wise Consulting, Inc.; LIT Industrial Limited Partnership; a Delaware limited Mark Thomas Mark Thomas & Company, Inc. Mayfair Affordable Housing LP, MBK Homes, LLC Meritge Homes Corporation Michael Mileski; Mileski Living Trust Milan Capital Management, Inc. Milestone Technologies, Inc Millbrae MLC Holdings, Inc. Moog, Inc. Mulberry Ridge, LLC Napa Valley Investment Property, Inc. ® ISO Properties, Inc., 2005 Page 5 of 8 0 POLICY NUMBER: HN0100099400 Navistar, Inc. Noreas Environmental Engineering& Science NorthPoint Holdings, LLC Northstate Developers Company, LLC;Discorvery Builders, Inc. Odd Fellows Recreation Club OGE Energy Corp. Ontario Emporia II Housing Partners, L.P. Oracle America, Inc. Pera Urban Wst Corporation;c/o Jones Lang Lasalle Americas, Inc. Porto's Bakery Anaheim, LLC PulteGroup, Inc. its affiliates and subsidiaries Raimi &Associates, Inc. Recology Service Center; Insurance Compliance Riaz Capital Richmond American Homes of Maryland, Inc. Ridge Capital, Inc. Riverside County Regional Park& Open Space District Riverside County Transportation Commission; c/o EXIGIS Insurance Riverside Unified School District Riverside Unified School District RMG Housing, LLC RMW RP Land Holdings, LLC RRM Design Group RRM Design Group RWC Hitch Ranch, LLC San Benito County San Bernardino City Unified School District San Bernardino County San Bernardino County Flood Control District San Diego County Superintendent of Schools San Juan Hollister Multifamily LLC SANTA ROSA 8 INV., LLC Seefried Development Management, Inc. Seefried Development Management, Inc. Seefried Development Management, Inc. Seefried Industrial Properties Seefried Industrial Properties, Inc. Seefried Industrial Properties, Inc. Seefried Industrial Properties, Inc. Seefried Industrial Properties, Inc. Seefried Industrial Properties, Inc. Seefried Industrial Properties, Inc. Page 6 of 8 © Insurance Services Office, Inc., 2008 ❑ POLICY NUMBER: HN0100099400 Seefried Properties Silvergate Brentwood, LLC SLR Orange Development, LLC Solano Community College District Solano Community College District SRM Construction, Inc. SRM Studio City Stanislaus County State of Wisconsin Storage Tech, Inc. Summer Home Park Corporation Sunnyvale 2 INC, LLC;City Ventures Construction Inc Synergy Consulting Takeda Pharmaceuticals U.S.A., Inc., TDC ALISO VIEJO PARTNERS, L.L.C. The City of Foster City/EMID (See Description of Operations) The City of Laguna Beach The City of Milpitas The City of Rohnert Park The Claremont Companies, LLC The Housing Authority of the City of Oakland The Irvine Company The Irvine Company LLC Office Properties The Lawrence Ellison Foundation The Regents of the University of California Toll Brothers Inc.;Attn: Vendor Insurance Toll Brothers, Inc. Town of Windsor Town of Windsor Cert Trader Joes Company TricorBraun Global Support Center Turlock Self Storage,LLC Uptown Menlo Park Venture, LLC USA Properties Find, Inc. USA Properties Fund Vantage Data Centers Watson Land Company WDI Hold Co, LLC WiConduit Woodstock Development W RA ADDRESSES ON FILE WITH THE COMPANY O ISO Properties, Inc., 2005 Page 7 of 8 ❑ POLICY NUMBER: HN0100099400 Additional Premium I$ Included Section IV — Business Auto Conditions, A. Loss Conditions, 5., Transfer Of Rights Of Recovery Against Others To Us does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a written contract or written agreement with that person or organization. We will retain the additional premium shown above, regardless of any early termination of this endorsement of this Policy. Page 8 of 8 © Insurance Services Office, Inc., 2008 0