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HomeMy WebLinkAboutEEC ENVIRONMENTAL (5)INSURANCE ON �'.LL WORK MAY PlrC'H: UNTIL INS!' ' ' :: PIRLS A-2025-018-03 5 2N,1Z CiT!' CLERK DATE MAY 2 0 2025 AGREEMENT WITH EEC ENVIRONMENTAL TO PROVIDE ON -CALL WATER RESOURCES ENGINEERING SERVICES b, f�0 THIS AGREEMENT is made and entered into on this 18TH day of February, 2025 by and between �tidn��1 EEC Environmental, a California corporation ("Consultant"), and the City of Santa Ana, a charter lost/city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 25, 2024, the City issued Request for Proposals No. 24-083, by which it sought Consultants to provide on -call water resources engineering services on behalf of the City of Santa Ana's Public Works Agency. 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 RFP No. 24-083 and attached as Exhibit A. Consultant's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Consultant was selected as one of nine (9) vendors which qualified for this engagement. Only those consultants approved by the City Council on February 18, 2025 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 consulting 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 On an on -call basis, and the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to 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 nine (9) consultants selected under RFP 24-083. The total compensation for these services provided by all such consultants selected under RFP 24-083 shall not exceed the shared aggregate amount of Two Million Dollars ($2,000,000) during the term of the Agreement, Page 1 of 9 #2010293v1 including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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 & 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. Page 2 of 9 #2010293vl 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering COL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and ulnbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. 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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid Page 3 of 9 #2010293v1 under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non - renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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, agents, employees, contractors, 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 Page 4 of 9 #2010293v1 negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 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 further 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the 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 complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential Page 5 of 9 #2010293v1 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 and nondisclosure shall not apply 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 in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, 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 terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and 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, the terms 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 is not embodied herein. 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. Page 6 of 9 #2010293vl 15. 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(s) 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. 16. 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, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 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 arise out of, in connection with or by reason of this Agreement. 18. 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. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 7 of 9 #2010293v1 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Consultant: EEC Environmental Attn: Jim Kolk, Principal -In -Charge One City Blvd. West, Ste. 1800 Orange, CA 92868 A party may change its address by giving notice in writing to the other party. Thereafter, any 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 or 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 report issued 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. 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. [signature page to follow] Page S of 9 #2010293vl 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: Kyle N sen Assisteffit City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by Nabil SabaDate: 025.01.29 13:29:34-08'00' Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez City Manager EEC ENVIRONMENTAL Jim o Princip -In-Charge Title: #2010293v1 Page 9 of 9 EXHIBIT A SCOPE OF SERVICES #2010293v1 CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor/Consultant shall perform services as set forth below. INTRODUCTION/BACKGROUND The City of Santa Ana intends (City) to select several qualified firms to provide professional services for a variety of projects and programs on an as -needed or "on -call' basis. Each firm selected will enter into a Professional Services Agreement to provide such services. Throughout the term of the Professional Services Agreement, the City may request task order proposals for individual projects and/or programs as the need for such services arises. The task order proposal fee shall be based on the hourly rates provided by the firm in response to this RFP. If a task order proposal is selected, a Notice -to -Proceed will be issued based on an agreed -upon specific scope of services and fee for that task order. The firm may utilize in-house staff and/or sub -consultants to complete each task order. For specialized work for which the prime consultant shall require a sub -consultant, the prime consultant shall serve as an administrative liaison between the City and the sub -consultant, and include these administrative costs in their proposed project management fees. Prime consultant mark-ups for sub -consultant work will not be allowed. SCOPE OF SERVICES Provide professional engineering services for planning, design, and construction support for domestic water, recycled water, sanitary sewer, storm sewer, and related facility projects. In general, each task order shall include, at minimum, the following project management services: Project Schedule Create schedules with the critical milestones for the major tasks involved in a project. Update the schedule monthly, or more often, as required by the City. Schedules shall be submitted in PDF format unless other format is requested by the City. • Meetings Attend meetings and/or job walks, as requested by the City. Prepare meeting agendas and meeting minutes. EXHIBIT I - 1 CITY OF SANTA ANA • Monthly Project Status Report Prepare Monthly Project Status Reports that show an accurate accountability of work effort rendered and a continuous appraising and monitoring of both work progress and financial conditions on a project. The fee for project management services, including time and related expenses, shall be included in each task order proposal. Firms may propose on any category listed below (1-5). The services to be performed may include, but shall not be limited to, the following: 1. PLANNING, RESOURCES, AND DESIGN Provide water engineering services to conduct water capital improvement projects, which may involve one or multiple disciplines, including planning studies, hydraulic modeling, feasibility studies, design of pipelines, wells, pump stations, pressure regulating stations, reservoirs, water quality and water treatment, waste and recycled water quality and treatment, hydrogeology, engineering support during construction, and encompassing associated services such as Architecture, Structural, Civil, Mechanical, HVAC, Landscape Architecture, Geotechnical, Environmental, Electrical, Instrumentation, and Control. a. Planning Studies and Feasibility Studies Provide engineering, financial, and planning services to perform pipeline alignment and facility siting studies, water system planning studies, recycled water system planning and feasibility studies, water demand and supply studies, rate studies, asset management, and other studies that may be required in water system planning. Provide consulting services related to water resources and conservation. Studies may include water supply assessments, water supply verifications, urban water management plans, water use surveys and others studies that may be required for water resources and conservation programs b. Hydraulic Modeling Perform Water System Master Planning including Comprehensive Studies, Hydraulic Analysis, Transient Analysis, Fire Flow Analysis, and Flow Optimization. c. Condition Assessment Provide comprehensive condition assessment of the City's water system, including seismic, structural, security and vulnerability. Assessment of the structural integrity of the pipe shall include identifying leaks, pipe damage, pipe defect, loss of pipe wall thickness due to corrosion or erosion, etc., along the length of the pipe. Provide reports and memorandums with maps and exhibits as required to detail results of the study including likelihood of failure, risk and consequence of failure. Reports and/or technical memorandums shall also include detailed explanation of data collected and used for the study, any assumptions made as well as recommendations for short-term and long-term risk mitigation strategies. EXHIBIT I - 2 CITY OF SANTA ANA d. Design Services Provide consulting services for the design of water facilities, including water wells, pump stations, pressure regulating stations, reservoirs, water quality and treatment, water mains, recycled water supply and distribution facilities, associated appurtenances, as well as other related components of the facilities such as buildings, landscape, grading, drainage, etc. for a complete and operative project. e. Other Related Services Provide other related services including, but not limited to, the following: i. Architecture Provide consulting services for architectural design, architectural renderings, line - of -sight analyses, building sections, code interpretation issues and other architectural related issue. ii. Structural Provide consulting services for structural investigations of the City's existing facilities, seismic analysis, miscellaneous structural calculations, and design on the City's existing and proposed systems and structures. iii. Civil Provide consulting services for general engineering services as required for the project. Scope of work may include but is not limited to site design, street improvements, grading, drainage, preparation of Water Quality Management, Erosion Control, and Stormwater Pollution Prevention Plans, and related calculations and reports as necessary. iv. Mechanical. HVAC Provide consultation, engineering, and design services on modification, upgrade, and replacement of existing mechanical and HVAC systems, including piping, plumbing, support systems, controls, code interpretation, and related calculations as necessary. v. Landscape Architecture Provide consulting services for landscape architecture design, including landscape planting plans, renderings and views of proposed landscape plantings, and landscape installation inspection services. Provide consultation for irrigation system design and inspection. EXHIBIT I - 3 QDCITY OF SANTA ANA vi. Geotechnical Engineering Services Conduct geotechnical investigations, including field explorations and tests, laboratory tests, and seismic investigations, to assess the general conditions of a project site area and prepare geotechnical reports of final design and construction recommendations. Field explorations may require drilling plans and classification of underlying soils and must be done under the supervision of a licensed geotechnical engineer or registered geologist. Investigations may include slope stability analysis of reservoir embankments, foundations, retaining walls, and dams and earthen dam monitoring and inspection to comply with California Department of Water Resources, Division of Safety of Dams (DSOD) and other City requirements. Provide seismic hazard analyses and site -specific seismic criteria, as needed, for project design. vii. Hydrogeology Provide consulting services on groundwater issues related to and including rehabilitation of existing potable water production wells, siting and design of new potable water production wells, destruction of inactive wells, evaluation of contamination plumes, and groundwater modeling. Evaluate the hydrogeology of proposed potable water production well sites and investigate proposed wells. Determine design parameters and requirements necessary to drill, operate, and maintain proposed wells; proposed well construction (casing diameter, locations of perforated intervals); and proposed operation of wells. Prepare Drinking Water Source Assessment and Protection (DWSAP) plans for proposed potable water production wells. Provide inspection, hydrogeologic analysis and recommendations during new potable water production well drilling and existing well destruction activities, including, but not limited to, on site consulting geologists, geological sampling and formation analysis, geophysical logging and interpretation, sieve analyses, final well construction recommendations, and quality assurance and assistance in achieving conformance with the construction specifications and applicable codes and standards. viii. Environmental Compliance Services Provide consulting services for the preparation of environmental documents and support studies to comply with California Environmental Quality Act (CEQA), which may include an Initial Study, Negative Declaration, Mitigated Negative Declaration, Addendum, or Environmental Impact Report, or Supplement or Subsequent EIR, National Environmental Policy Act (NEPA) when complying with federal grants, permit applications with support studies, aesthetic simulations, and other environmental compliance tasks that may be needed. EXHIBIT I - 4 aCITY OF SANTA ANA ix. Recycled Water Compliance Provide assistance with compliance requirements for recycled water treatment and distribution system monitoring and reporting. x. Electrical, Instrumentation & Control Services Provide consultation, engineering, and design services on modification, upgrade, troubleshooting, restarting, adjusting control settings, and replacement of existing electrical systems, including motor control centers, motor starters, electrical panels, and instrumentation and control systems, including SCADA systems. xi. Engineering Support During Bidding and Construction Review and respond to RFI's and review and approve shop drawings submitted by contractor for conformance with the contract documents. Review progress reports and payments as required. Prepare supplementary sketches and details, as required, to resolve field construction problems that may be encountered. Provide project inspection as needed. Provide assistance in ensuring regulatory compliance, as needed. Prepare the "as constructed" corrections to the original drawings and specifications. Attend meetings on behalf of the City and assist in Public Relations, as needed. xii. Plan Check Services Provide consulting services for plan compliance with applicable standards, codes. 2. CONSTRUCTION MANAGEMENT checking improvement plans to determine guidelines, policies, rules, ordinances, and Provide construction management and inspection services during construction. The tasks of construction management and inspection shall include, but not be limited to: a. Construction Management and Coordination with Contractor Provide construction management and coordinate as needed for the project. Review and coordinate construction schedule and activities; conduct and attend meetings on behalf of the City. Provide permit compliance documentation, follow up, and support for all permits and clearances required on a project. The construction management team may also be asked to attend meetings and assist in maintaining public relations as needed. b. Project Administration Provide review of, recommend, and prepare change order(s) and/or extra work order(s) as needed on construction project. Coordinate and process RFI's and shop drawings submittals, and ensure construction conformance with the contract documents. Review and adjust progress pay estimates prepared and submitted by the contractor for conformance with the contract documents. EXHIBIT I - 5 CITY OF SANTA ANA ,Y c. Construction Inspection Provide construction inspection by qualified inspectors and maintain daily inspection reports, construction progress reports, and project logs, etc., of the progress of the construction work. Secure record drawing information from the construction contractor. Provide start-up support for a Project, including final acceptance testing, support, and final completion sign off. Prepare the Final Construction Report. 3. PIPELINE DESIGN Provide consulting services for the design of water mains, transmission mains, siphons and associated appurtenances. Provide preliminary and final design services including the preparation of plans, specifications, and cost estimates. Provide bidding assistance, construction support, and final as-builts as needed for projects. 4. ELECTRICAL, INSTRUMENTATION & CONTROL SERVICES Provide consultation, engineering, and design services on modification, upgrade, troubleshooting, restarting, adjusting control settings, and replacement of existing electrical systems, including motor control centers, motor starters, electrical panels, and instrumentation and control systems, including SCADA systems components, instrumentation, communication system components, security cameras, door/gate access controls, information technology for SCADA system and cybersecurity support for PLC/HMI/OIT software and custom applications for the City Water System. 5. GEOTECHNICAL ENGINEERING SERVICES Conduct geotechnical investigations, including field explorations and tests, laboratory tests, and seismic investigations, to assess the general conditions of a project site area and prepare geotechnical reports of final design and construction recommendations. Field explorations may require drilling plans and classification of underlying soils and must be done under the supervision of a licensed geotechnical engineer or registered geologist. Investigations may include slope stability analysis of reservoir embankments, foundations, retaining walls, and dams and earthen dam monitoring and inspection to comply with California Department of Water Resources, Division of Safety of Dams (DSOD) and other City requirements. Provide seismic hazard analyses and site -specific seismic criteria, as needed, for project design. Proposals shall explicitly state which category listed above (1-5) is being proposing on. If there are any exceptions to the core of requested services above, proposers shall list said exceptions in their proposal (matrix form). GENERAL REQUIREMENTS AND PROJECT DELIVERABLES The Consultant's services for plans specifications and estimates (PS&E) for engineering projects and special studies/investigations shall be in conformance, if applicable, with the following: Title 24 of the California Code of Regulations (California Building Standards Code), American Water EXHIBIT I - 6 (2) CITY OF SANTA ANA Works Association, California Department of Transportation, Americans with Disabilities Act, City of Santa Ana Municipal Code (SAMC), professional Standards established by the City, and any other federal, state, or local guidelines required in the project. As part of the PS&E package, the Consultant shall prepare the special provisions pertaining to the items of work included in the plans that are not addressed on the latest editions of the applicable standards. The Consultant shall have complete responsibility for the accuracy and completeness of all documents and plans prepared. The plans will be reviewed by the City of Santa Ana for conformity with the requirements of the Agreement. Reviews by the City of Santa Ana DO NOT include detailed review or checking of design for the accuracy with which such designs are depicted in the documents and the plans. The documents and plans furnished under the Agreement shall be of a quality acceptable to the City of Santa Ana. The criteria for acceptance shall be a product of neat appearance, well organized, technically and grammatically correct, checked and dated, and having the maker and checker identified. The Consultant shall have project management control procedures in effect during the entire time work is being performed under the Agreement. This task shall include the following: Project Management Plan- the consultant shall provide a detail management plan including information and coordination with other agencies to ensure compliance and completion of the (PS&E) packages. This plan shall include all milestones and task breakdown for each of the tasks and subtasks included therein. The project management shall be submitted to the Project Manager for review and within 15 calendar days of the issued Notice to Proceed Deliverables • Quality Control/Quality Assurance (QA/QC) Plan • Project Schedule/Invoicing • Project Correspondence In case of conflict, ambiguities, discrepancies, errors, or omissions, the consultant shall submit the matter to the City for clarification. CITY RESPONSIBILITIES The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein. • Furnish scope of work and provide general direction as needed for the assigned project • All plan check coordination within the City EXHIBIT I - 7 CITY OF SANTA ANA • Advertise, award, and administer of construction contract • Electronic files (sample plans & specifications, City of Santa Ana's CADD Standards) • Electronic files for title sheets and sheet borders • Facilitate meeting space and coordination and City facilities FEE PROPOSAL In addition to Section 111.13.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows: The fee proposal shall include the firm's standard hourly fee schedule, and/or project fee schedule where applicable and as outlined in this document. A list of all positions and hourly rates required to perform the services described herein. A more detailed scope of work will be provided when/if a Task Order proposal is requested of a consultant. All tasks orders shall include the staff title, hours, hourly rate and totals as related to the project. OTHER TERMS AND CONDITIONS 1. The project will be implemented in compliance with the City of Santa Ana's policies, as well as Prevailing Wages and State/Federal Requirements. 2. The City regards the inclusion of California based designs, engineering, and construction professionals, facilities, and services as part of the Team to be highly desirable, but not mandatory. 3. The City reserves the right to amend this Request for Proposal by addendum prior to the final dates of submission. 4. All reports, proposals, or other data or materials which are submitted shall become the sole property of the City of Santa Ana with the exception of the confidential Financial Capacity information and fee proposals. 5. All products used or developed in the execution of any contract resulting from this request will remain in the public domain at the completion of this project. 6. The City has an affirmative action program. The purpose of the affirmative action program is to encourage certified minority business enterprises and women business enterprises. All submitting firms must have established affirmative action programs approvable by the City. During the RFP stage, all firms will need to complete a "Certification of Non - Discrimination by Contractors" for each firm on their team. EXHIBIT I - 8 10►V:11: III: COMPENSATION Fee Proposal including hourly rates if applicable #2010293vl ENVIRONMENTAL 2024-2027 Fee Schedule PERSONNELCHARGES The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Jr. Staff Engineer/Geologist/Scientist Staff Engineer/Geologist/Scientist Sr Staff Engineer/Geologist/Scientist Project Engineer/Geologist/Scientist - I Project Engineer/Geologist/Scientist - II Sr Project Engineer/Geologist/Scientist - I Sr Project Engineer/Geologist/Scientist - II Principal Engineer/Geologist Principal Project Assistant Technician Drafter Sr Technician Compliance Inspector Technician GIS/Technology Analyst GIS/Technology Sr Analyst GIS/Technology Specialist GIS/Technology Sr Specialist GIS/Technology Supervisor GIS/Technology Director/GIS Technology Construction Technician Construction Field Supervisor Construction Manager Sr Construction Manager Technical Editor 165 200 220 255 265 290 310 340 340 155 160 175 180 180 155 175 190 200 220 240 255 140 160 175 215 155 Emergency response will be charged at a rate of 1.5 times the standard hourly rate. Travel Vehicles used on project assignments will be charged at $125 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a cost of $95 per day (except in high cost markets, which will adhere to GSA rates). Airfare, lodging, rental cars and associated expenses are billed at cost plus 15%. Field Equipment Field Equipment is billed at standard unit costs. Rate schedules are available upon request. Subcontractors and Reimbursables The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15%. Other Proiect Changes The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of Shipping and Postage Shipping charges include couriers and the postage necessary will be charged at cost plus 15%. Interest Charges Interest on late payments will be charged at the rate of 1.5% per month. Payment Terms Net 30 days applies to all work performed and invoiced unless superseded by a specific executed contract. An administration fee of 3.5% will be added to any invoice wherepayment is made by When EEC Staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, their time will be charged at 2.0 times the standard rate. Communication/Administration Fee: All time spent preparing for such trials, hearings, and A communication/administration fee of 4% will be depositions, will be charged at the standard hourly rate. added to all invoices. This Fee Schedule is adjusted each subsequent year to reflect the economic changes for the new year. The new schedule will apply to existing and new assignments. ACORO® CERTIFICATE OF LIABILITY INSURANCE OATE(MWDDNYYY) Ili3/18/2025 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 GMGS Risk Management & Insurance Services 6201 Oak Canyon, Suite 100 Irvine, CA 92618 CONTACT NAME: Dan[ Rembleski PHONE FAX N EX : 949-559s7oo ac No: ADDRESS: danir m s.com INSURERS AFFORDING COVERAGE NAIC III INSURER A: Great Divide Insurance Company 25224 www.gmgs.com OB84519 INSURED EEC Environmental dba: Environmental Engineering & Contracting, Inc. INSURERS: Key Risk Insurance Companv 10885 INSURER C: NBUiIlUS Insurance Company 17370 INSURER D: Insurance Company of the West 27847 One City Boulevard West, Suite 1800 Orange CA 92868 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: RAadgnAR RFVISInN NIIMRFR- 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 LTR TYPEOFINSURANCE AODL SUER POLICYNUMBER POLICY EFF MMIDNYYY M JDD EXP LIMITS A s/ COMMERCIAL GENERAL LIABILITY GLP2006942-21 10/31/2023 5/24/2025 EACH OCCURRENCE $5000000 ✓ OCCUR TO DAMACLAIMS-MADE PREMISES Ea occurrence cc rr $ 300 000 -PREMISES MED EXP (Any one person) $ 25 000 PERSONAL&ADV INJURY $5000000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY JE� LOC PRODUCTS-COMP/OP AGG $5000000 $ OTHER: B AUTOMOBILE LIABILITY BAP2043661-10 5/24/2024 5/24/2025 COMBIfEa NED tsINGLEUMrr $1000000 BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY ✓ AUTOS BODILY INJURY (Per accident) ) $ PROPERTY DAMAGE Per aacitlent $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN WSD 506676102 5/24/2024 5/24/2025 ,/ STATUTE 10 ERH E.L. EACH ACCIDENT $1 000 000 OFFlCERREXCLU EO PRIETO ECUTIVE F NIA E.L. DISEASE - EA EMPLOYEE $1 ,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE- POLICY LIMIT 1 $1,000,000 C Pollution Liability CCP2006941-21 10/31/2023 5/24/2025 Each Poll Occurrence $5,000,000 C Professional Liability CCP2006941-21 10/31/2023 5/24/2025 Each Prof Liab Claim $5,000,000 $10,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) All operations of the named insured subject to the terms and conditions of the policies. This certificate may be relied upon only if the certificate addendum referred to herein is attached hereto. Digitallyslgned APPROVED TU Tran lylln p; a en By TO Tran Nguyen at 10:04 am, Mar 20, 2025 Nguyen 1026.e3za 10A4:41-0700' City of Santa Ana Attention: Public Works Agency 20 Civic Center Plaza (M 21) Santa Ana CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. TION. All riehtc reSPrvod ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 84413046 1 24-25 A/G/D/W/Poll/EfiO I EXcl:XS I Dani Renbleaki 1 3/18/2025 11:45:14 AN (PDT) I Page 1 of 14 AGENCY CUSTOMER ID: LOC #: AC R ® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED GMGS Risk Management & Insurance Services 9 EEC Environmental dba: Environmental Engineering & Contracting, Inc. One City Boulevard West, Suite 1800 Orange CA 92868 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (03/16) HOLDER: City of Santa Ana Attention: Public Works Agency ADDRESS: 20 Civic Center Plaza (M-21) Santa Ana CA 92701 All operations of the named insured subject to the terms and conditions of the policies. As respects General Liability coverage, City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are added as Additional Insureds per CG20261219 attached, and this insurance is primary per CG20011219 attached. As respects General Liability coverage, a Waiver of Subrogation is hereby included per CG24040509 attached. As respects General Liability coverage, 30-day written notice of cancellation (10 days for non-payment of premium) applies per IL00171198 attached. As respects Automobile Liability coverage, City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are added as Additional Insured per BENVCA060917 attached. As respects Automobile Liability coverage, a Waiver of Subrogation is hereby included per CA04441013 attached. As respects Workers' Compensation coverage, a Waiver of Subrogation is hereby included per WC990634 attached. As respects Workers' Compensation coverage, 30-day written notice of cancellation (10 days for non-payment of premium) applies per WC040601A attached. As respects Professional Liability coverage, City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are added as Additional Insureds per CCP30050318 attached. As respects Professional Liability coverage, a Waiver of Subrogation is hereby included, per ENV20040618 attached. ACORD 101 12008/011 © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 94413046 1 24-25 A/U/U/W/P011/R&0 I exc1:XS I Deni Rembleeki 13/16/2025 11:45:14 AM (PDT) I Page 2 of 14 EEC Environmental POLICY NUMBER: GLP2006942-21 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Any person, organization, or project with whom the named Insured executes a written contract prior to the start of the project and is shown on a certificate of insurance issued by our authorized representative prior to the start date of the project A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 84413046 1 24-25 A/G/O/W/Pall/EEO I ExCl:%S I Oani Rem leSki 1 3/18/2025 11:45:14 AM (PDT) I Page 3 of 14 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall applicable limits of insurance. not increase the Page 2 of 2 © Insurance Services Office, Inc., 2018 84413046 1 24-25 A/G/U/W/Po11/2&0 [ E=I:XS I Dani Rembleaki 1 3/18/2025 11:45:14 AM (PDT) I Page 4 of 14 CG 20 10 12 19 EEC Environmental POLICY NUMBER: GLP2006942-21 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person, organization, or project with whom the named insured executes a written contract prior to the start of the project and is shown on a certificate of insurance issued by our authorized representative prior to the start date of the project Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 84413046 1 24-25 A/G/O/W/P011/X&0 I &xcl:X5 I Oani Rmbleski 1 3/18/2025 11:45:14 AM (POT) I Page 5 of 14 Page 1 of 1 EEC Environmental dba: Environmental Engineering & Contracting, Inc. GLP2006942-21 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IZUA• • Ad This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and 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 an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 64413046 1 24-25 A/0/U/W/Po11/E&0 I Excl:X9 I Oani Rembleaki 1 3/18/2025 11:45:14 AM (POT) I Page 6 of 14 EEC Environmental POLICY NUMBER:GLP2006942-21 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization with whom the named insured executes a written contract prior to the start of work/project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. B44 30h6 CG 24 0405009E&o Ex ,xE i nan, Remb ©kInsurance Services Office, iInc.,2008 1 Page 1 of 1 BAP2043661-10 EEC Environmental BENV CA 06 09 17 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. BUSINESS AUTO — ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II - Liability Coverage A. - Coverage, 1. Who is an Insured, is amended to add: d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1. The coverage and/or limits of this policy; or 2. The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. BENV CA 06 09 17 Page 1 of 1 99472609 1 24-24 (PRYt t2Pege20 of 14 POLICY NUMBERBAP2043661-10 COMMERCIAL AUTO CA 04 4410 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: EEC Environmental dba: Environmental Engineering & Contracting, Inc. Endorsement Effective Date: 05/2412024 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc.,2011 Page 1 of 1 84413046 1 24-25 A/O/O/W/Poll/9&0 i 8xcl:XS i Oani Rem leski 13/18/2825 11:45:14 AM (POT) i Page 9 of 14 GLP2006942-21 EEC Environmental dba: Environmental Engineering & Contracting, Inc. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rate. If the first Named Insured cancels, the refund may be less than pro rate. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re- cords as they relate to this policy at any time dur- ing the policy period and up to three years after- ward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; IL 00 17 11 98 b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 1198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ 84413046 124-25 A/0/O/W/Po11/R&0 I Excl:X9 I Dani Rem leeki 1 3/18/2025 11:45:14 AM (PDT) I Page 10 of 14 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC990634 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET (Ed. 8-00) 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). The additional premium for this endorsement shall be 2% of the total California Workers' Compensation premium otherwise due. Person or Organization ANY PERSON / ORG WHEN REQUIRED BY WRITTEN CONTRACT Schedule Job Description ALL CA OPERATIONS Policy Number: WSD 5066761 02 Insured: EEC Environmental Endorsement Effective: 5/24/2024 Issue Date: Coverage Provided by: Insurance Co of the West Countersigned by: WC 99 06 34 (Ed. 8-00) 94413046 124-25 A/G/U/W/P01.1/X&0 16xcl:X5 I Daoi Rembleski 13/16/2025 11:45:14 AM (PDT) I Page 11 of 14 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01 A EEC Environmental dba: Environmental Engineering & Contracting, Inc. (Ed. 12f 03) WSD 5066761 02 CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the INFORMATION PAGE. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: CANCELATION 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; 1. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; Copyright 1998by The workers' Cou perlre9on Insurance Rating Bureau of California. All rights reserved. Page 1 of 2 From the WCIRB's California Workers' Cornpensation Insurance Forces Manual Copyright 1M. IN&IMED 84413046 1 24-25 A/G/U/W/Poll/P&O I MXol:XS I Oani Rembleeki 1 3/18/2025 11:45:14 AM (POT) I Page 12 of 14 CCP2006941-21 EEC Environmental dba: Environmental Engineering & Contracting, Inc. ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. WAIVER OF SUBROGATION It is agreed that the Company, in the event of any payment under this policy, waives its right of recovery against any Principal, but only at the specific written request of the Named Insured either before or after loss, wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured. This waiver shall apply only with respect to losses occurring due to operations undertaken as per the specific contract existing between the Named Insured and such Principal and shall not be construed to be a waiver with respect to other operations of such Principal in which the Named Insured has no contractual interest, No waiver of subrogation shall directly or indirectly apply to any employee, employees or agents of either the Named Insured or of the Principal, and the Company reserves its right or lien to be reimbursed from any recovery funds obtained by any injured employee, This waiver does not apply in any jurisdiction or situation where such waiver is held to be illegal or against public policy or in any situation wherein the Principal against whom subrogation is to be waived is found to be solely negligent. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ENV 2004 06 10 84413046 1 24-25 A/G/O/W/Poll/e&O 18xc1:X5 I Daoi Pembleaki 1 3/18/2025 11:45:14 AM (POT) I Page 13 of 14 Page 1 of 1 CCP2006941-21 EEC Environmental dba: Environmental Engineering & Contracting, Inc. ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. ADDITIONAL INSURED= COVERAGE B - SCHEDULED PERSON(S) OR ORGANIZATION($) This endorsement modifies insurance provided under the following: CONTRACTORS AND CONSULTANTS POLICY SCHEDULE Name of Person(s) or Organization(s): Any person, organization, or project with whom the named insured executes a written contract prior to the start of the project and is shown on a certificate of insurance issued by our authorized representative prior to the start date of the project. Job Description / Location: Various Section VII. DEFINITIONS, 5. Insured is amended to include, with respect to Coverage B, any person(s) or organization(s) shown in the schedule above, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the schedule above, performed for that additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. CCP 3005 03 18 84413046 1 24-25 A/G/U/W/PO11/E&C 12XC1:XS I Oani Re.bl C9ki 1 3/19/2025 11:45:14 AM (PET) I Pa,. 14 Of 14 Page 1 of 1 71/28/2026 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 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 CONTACT NAME: Danl Rembleskl GMGS Risk Management& Insurance Services PHONE FAX E-M No Ext: 949-559-6700 A/c No 6201 Oak Canyon, Suite 100 Irvine, CA 92618 ADDRESS: danir@gmgs.com INSURER(S)AFFORDING COVERAGE NAIC# www.gmgs.com OB84519 INSURERA: Greenwich Insurance Company 22322 INSURED INSURER B: Indian Harbor Insurance Company 36940 EEC Environmental INSURERC: Insurance Company of the West 27847 dba: Environmental Engineering & Contracting, Inc. One City Boulevard West, Suite 1800 INSURERD: Orange CA 92868 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 89056740 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 EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD A / COMMERCIAL GENERAL LIABILITY GEC3002766 5/24/2025 5/24/2026 EACH OCCURRENCE $1,000,000 AMAIE To RENTED CLAIMS-MADE EVI OCCUR PREM SES(E.occurrence) ccurrrence) $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY ✓� ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 1� PRO- OTHER: $ A AUTOMOBILE LIABILITY AECO068948 5/24/2025 5/24/2026 (Ea aBINEDtSINGLE LIMIT $1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY ✓ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY Per accident B UMBRELLA LAB / OCCUR UECO068949 5/24/2025 5/24/2026 EACH OCCURRENCE $2,000,000 / EXCESS LAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$ $ C WORKERS COMPENSATION WSD 5066761 03 5/24/2025 5/24/2026 / STATUTE OERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FY—] 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 $1,000,000 B Pollution Liability PECO068954 5/24/2025 5/24/2026 Each Poll Occurrence$5,000,000 B Professional Liability PECO068954 5/24/2025 5/24/2026 Each Prof Liab Claim$5,000,000 $10,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) All operations of the named insured subject to the terms and conditions of the policies. This certificate may be relied upon only if the certificate addendum referred to herein is attached hereto. APPROVED By Tu Tran Nguyen at 2:39 pm,Feb 02, 2026 CERTIFICATE HOLDER CANCELLATION All Operations SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attention: Public Works Agency ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza (M 21) Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Griff Griffith ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 89056740 125-26 A/G/U/W/Po11/E&0 I Dani Rembleski 1/28/2026 10:36:44 AM (PST) I Page 1 of 19 AGENCY CUSTOMER ID: LOC#: ,a`oRo ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED GMGS Risk Management&Insurance Services EEC Environmental dba:Environmental Engineering&Contracting, Inc. POLICY NUMBER One City Boulevard West,Suite 1800 Orange CA 92868 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability Insurance(03/16) HOLDER: City of Santa Ana Attention:Public Works Agency ADDRESS:20 Civic Center Plaza(M-21)Santa Ana CA 92701 All operations of the named insured subject to the terms and conditions of the policies. As respects General Liability coverage, City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are added as Additional Insured per CG20101219 and CG20371219 attached, and this insurance is primary per XIL4240605 attached. As respects General Liability coverage, a Waiver of Subrogation is hereby included per CG24041219 attached. As respects General Liability coverage, 30-day written notice of cancellation (10 days for non-payment of premium) applies per IL02701219 attached. As respects Automobile Liability coverage, City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are added as Additional Insured per XIC4111013, and this insurance is primary per CA04491116 attached. As respects Automobile Liability coverage, a Waiver of Subrogation is hereby included per CA04441013 attached. As respects Workers' Compensation coverage, a Waiver of Subrogation is hereby included per WC990634 attached. As respects Workers' Compensation coverage, 30-day written notice of cancellation (10 days for non-payment of premium) applies per WC040601A attached. As respects Pollution Liability coverage, Additional Insured status applies per EVPCPocCP 0424 attached. As respects Pollution & Professional Liability coverage, a Waiver of Subrogation is hereby included, per EVPCPocCP 0424 attached. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 89056740 1 25-26 A/G/U/W/Poll/E&O I Dani Rembleski 11/28/2026 10:36:44 AM (PST) I Page 2 Of 19 EEC Environmental POLICY NUMBER:GEC3002766 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket as required by written contract Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insured(s) at the location(s) completed; or designated above. 2. That portion of "your work" out of which the However: injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 89056740 25-26 A/G/U/W/Po11/E&0 I Dani Rembleski 11/28/2026 10:36:44 AM (PST) I Fage 3 of 19 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 89056740 125-26 A/G/U/W/Poll/E&O I Dani Rembleski 11/28/2026 10:36:44 AM (PST) I Page 4 of 19 EEC Environmental POLICY NUMBER:GEC3002766 COMMERCIAL GENERAL LIABILITY CG20371219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included 1. Required by the contract or agreement; or in the "products-completed operations hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 89056740 25-26 A/G/U/W/Po11/E&0 I Dani Rembleski 11/28/2026 10:36:44 AM (PST) I Fage 5 of 19 ENDORSEMENT# This endorsement, effective 12:01 a.m., 5/24/2025 forms a part of GEC3002766 issued to EEC Environmental Policy No. dba: Environmental Engineering & Contracting, Inc. by Greenwich Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. 89056740 25-26 A/G/U/W/Po11/E&0 I Dani Rembleski 1/28/2026 10:36:44 AM (PST) Page 6 of 19 EEC Environmental GEC3002766 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or to which you are obligated by virtue of a written contract to waive your right of recovery. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 89056740 125-26 A/G/U/W/Po11/E&0 I Dani Rembleski 11/28/2026 10:36:44 AM (PST) I Page 7 of 19 EEC Environmental IL 02 70 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation 3. All Policies In Effect For More Than 60 Days Common Policy Condition are replaced by the a. If this policy has been in effect for more following: than 60 days, or is a renewal of a policy we 2. All Policies In Effect For 60 Days Or Less issued, we may cancel this policy only upon If this policy has been in effect for 60 days or the occurrence, after the effective date of less, and is not a renewal of a policy we have the policy, of one or more of the following: previously issued, we may cancel this policy by (1) Nonpayment of premium, including mailing or delivering to the first Named Insured, payment due on a prior policy we issued at the mailing address shown in the policy, and and due during the current policy term to the producer of record, advance written covering the same risks. notice of cancellation, stating the reason for (2) Discovery of fraud or material cancellation, at least: misrepresentation by: a. 10 days before the effective date of (a) Any insured or his or her cancellation if we cancel for: representative in obtaining this (1) Nonpayment of premium; or insurance; or (2) Discovery of fraud by: (b) You or your representative in (a) Any insured or his or her pursuing a claim under this policy. representative in obtaining this (3) A judgment by a court or an insurance; or administrative tribunal that you have (b) You or your representative in violated a California or Federal law, pursuing a claim under this policy. having as one of its necessary elements an act which materially increases any of b. 30 days before the effective date of the risks insured against. cancellation if we cancel for any other reason. IL 02 70 12 19 © Insurance Services Office, Inc., 2019 Page 1 of 4 89056740 25-26 A/G/U/W/Poll/E&O I Dani Rembleski 1 1/28/2026 10:36:44 AM (PST) I Page 8 Of 19 (4) Discovery of willful or grossly negligent B. The following provision is added to the acts or omissions, or of any violations of Cancellation Common Policy Condition: state laws or regulations establishing 7. Residential Property safety standards, by you or your representative, which materially This provision applies to coverage on real increase any of the risks insured property which is used predominantly for against. residential purposes and consisting of not more than four dwelling units, and to coverage on (5) Failure by you or your representative to tenants' household personal property in a implement reasonable loss control residential unit, if such coverage is written requirements, agreed to by you as a under one of the following: condition of policy issuance, or which were conditions precedent to our use of Commercial Property Coverage Part a particular rate or rating plan, if that Farm Coverage Part — Farm Property — Farm failure materially increases any of the Dwellings, Appurtenant Structures And risks insured against. Household Personal Property Coverage Form (6) A determination by the Commissioner of a. If such coverage has been in effect for 60 Insurance that the: days or less, and is not a renewal of (a) Loss of, or changes in, our coverage we previously issued, we may reinsurance covering all or part of cancel this coverage for any reason, except the risk would threaten our financial as provided in b. and c. below. integrity or solvency; or b. We may not cancel this policy solely (b) Continuation of the policy coverage because the first Named Insured has: would: (1) Accepted an offer of earthquake (i) Place us in violation of California coverage; or law or the laws of the state where (2) Cancelled or did not renew a policy we are domiciled; or issued by the California Earthquake (ii) Threaten our solvency. Authority (CEA) that included an earthquake policy premium surcharge. (7) A change by you or your representative in the activities or property of the However, we shall cancel this policy if the commercial or industrial enterprise, first Named Insured has accepted a new or which results in a materially added, renewal policy issued by the CEA that increased or changed risk, unless the includes an earthquake policy premium added, increased or changed risk is surcharge but fails to pay the earthquake included in the policy. policy premium surcharge authorized by the CEA. b. We will mail or deliver advance written c. We may not cancel such coverage solely notice of cancellation, stating the reason for because corrosive soil conditions exist on cancellation, to the first Named Insured, at the mailing address shown in the policy, the premises. This restriction (c.) applies and to the producer of record, at least: only if coverage is subject to one of the following, which exclude loss or damage (1) 10 days before the effective date of caused by or resulting from corrosive soil cancellation if we cancel for conditions: nonpayment of premium or discovery of (1) Commercial Property Coverage Part — fraud; or Causes Of Loss—Special Form; or (2) 30 days before the effective date of cancellation if we cancel for any other (2) Farm Coverage Part — Causes Of Loss reason listed in Paragraph 3.a. Form — Farm Property, Paragraph D. Covered Causes Of Loss—Special. Page 2 of 4 © Insurance Services Office, Inc., 2019 IL 02 70 12 19 89056740 25-26 A/G/U/W/Poll/E&O I Dani Rembleski 1 1/28/2026 10:36:44 AM (PST) I Page 9 of 19 d. If a state of emergency under California b. We will not refuse to renew such coverage Law is declared and the residential property solely because the first Named Insured has is located in any ZIP Code within or accepted an offer of earthquake coverage. adjacent to the fire perimeter, as However, the following applies only to determined by California Law, we may not insurers who are associate participating cancel this policy for one year, beginning insurers as established by Cal. Ins. Code from the date the state of emergency is Section 10089.16. We may elect not to declared, solely because the dwelling or renew such coverage after the first Named other structure is located in an area in Insured has accepted an offer of which a wildfire has occurred.However, we earthquake coverage, if one or more of the may cancel: following reasons applies: (1) When you have not paid the premium, (1) The nonrenewal is based on sound at any time by letting you know at least underwriting principles that relate to the 10 days before the date cancellation coverages provided by this policy and takes effect; that are consistent with the approved (2) If willful or grossly negligent acts or rating plan and related documents filed omissions by the Named Insured, or his with the Department of Insurance as or her representatives, are discovered required by existing law; that materially increase any of the risks (2) The Commissioner of Insurance finds insured against; or that the exposure to potential losses will (3) If there are physical changes in the threaten our solvency or place us in a property insured against, beyond the hazardous condition. A hazardous catastrophe-damaged condition of the condition includes, but is not limited to, a structures and surface landscape, which condition in which we make claims result in the property becoming payments for losses resulting from an uninsurable. earthquake that occurred within the C. The following is added and supersedes any preceding two years and that required a provisions to the contrary: reduction in policyholder surplus of at least 25% for payment of those claims; Nonrenewal or 1. Subject to the provisions of Paragraphs C.2. (3) We have: and C.3. below, if we elect not to renew this policy, we will mail or deliver written notice, (a) Lost or experienced a substantial stating the reason for nonrenewal, to the first reduction in the availability or scope of reinsurance coverage; or Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but (b) Experienced a substantial increase not more than 120 days, before the expiration in the premium charged for or anniversary date. reinsurance coverage of our We will mail or deliver our notice to the first residential property insurance Named Insured, and to the producer of record, policies; and at the mailing address shown in the policy. the Commissioner has approved a plan 2. Residential Property for the nonrenewals that is fair and equitable, and that is responsive to the This provision applies to coverage on real changes in our reinsurance position. property used predominantly for residential purposes and consisting of not more than four c. We will not refuse to renew such coverage dwelling units, and to coverage on tenants' solely because the first Named Insured has household property contained in a residential cancelled or did not renew a policy, issued unit, if such coverage is written under one of by the California Earthquake Authority, that the following: included an earthquake policy premium Commercial Property Coverage Part surcharge. Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. We may elect not to renew such coverage for any reason, except as provided in b., c. and d. below. IL 02 70 12 19 © Insurance Services Office, Inc., 2019 Page 3 of 4 89056740 25-26 A/G/U/W/Poll/E&O I Dani Rembleski 1 1/28/2026 10:36:44 AM (PST) I Page 10 of 19 d. We will not refuse to renew such coverage 3. We are not required to send notice of solely because corrosive soil conditions nonrenewal in the following situations: exist on the premises. This restriction (d.) a. If the transfer or renewal of a policy, without applies only if coverage is subject to one of any changes in terms, conditions or rates, the following, which exclude loss or is between us and a member of our damage caused by or resulting from insurance group. corrosive soil conditions: b. If the policy has been extended for 90 days (1) Commercial Property Coverage Part — or less, provided that notice has been given Causes Of Loss—Special Form; or in accordance with Paragraph CA. (2) Farm Coverage Part — Causes Of Loss c. If you have obtained replacement coverage, Form — Farm Property, Paragraph D. or if the first Named Insured has agreed, in Covered Causes Of Loss—Special. writing, within 60 days of the termination of e. If a state of emergency under California the policy, to obtain that coverage. Law is declared and the residential property d. If the policy is for a period of no more than is located in any ZIP Code within or 60 days and you are notified at the time of adjacent to the fire perimeter, as issuance that it will not be renewed. determined by California Law, we may not nonrenew this policy for one year, e. If the first Named Insured requests a beginning from the date the state of change in the terms or conditions or risks emergency is declared, solely because the covered by the policy within 60 days of the dwelling or other structure is located in an end of the policy period. area in which a wildfire has occurred. f. If we have made a written offer to the first However, we may nonrenew: Named Insured, in accordance with the (1) If willful or grossly negligent acts or timeframes shown in Paragraph CA., to renew the policy under changed terms or omissions by the Named Insured, or his conditions or at an increased premium rate, or her representatives, are discovered when the increase exceeds 25°/0. that materially increase any of the risks insured against; (2) If losses unrelated to the postdisaster loss condition of the property have occurred that would collectively render the risk ineligible for renewal; or (3) If there are physical changes in the property insured against, beyond the catastrophe-damaged condition of the structures and surface landscape, which result in the property becoming uninsurable. Page 4 of 4 © Insurance Services Office, Inc., 2019 IL 02 70 12 19 89056740 25-26 A/G/U/W/Poll/E&O I Dani Rembleski 1 1/28/2026 10:36:44 AM (PST) I Page 11 of 19 POLICY NUMBER: AECO068948 XIC 411 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM AUTO DEALERS COVERAGE FORM A. COVERED AUTOS LIABILITY COVERAGE, Who Is An Insured, is amended to include as an "insured" any person or organization you are required in a written contract to name as an additional insured, but only for "bodily injury" or "property damage" otherwise covered under this policy caused, in whole or in part, by the negligent acts or omissions of: 1. You,while using a covered"auto"; or 2. Any other person, except the additional insured or any employee or agent of the additional insured, operating a covered "auto"with your permission; Provided that: a. The written contract is in effect during the policy period of this policy; b. The written contract was signed by you and executed prior to the "accident" causing "bodily injury" or"property damage" for which liability coverage is sought; and C. Such person or organization is an "insured" solely to the extent required by the contract, but in no event if such person or organization is solely negligent. B. The Limits of Insurance provided for the Additional Insured shall not be greater than those required by contract and, in no event shall the Limits of Insurance set forth in this policy be increased by the contract. C. General Conditions, Other Insurance is amended as follows: Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether such insurance is primary, excess, contingent or on any other basis unless the contract specifically requires that this policy be primary. All terms, conditions, exclusions and limitations of this policy shall apply to the liability coverage provided to any additional insured, and in no event shall such coverage be enlarged or expanded by reason of the contract. All other terms and conditions of this policy remain unchanged. XIC 411 1013 ©2013 X.L. America, Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 89056740 25-26 A/G/U/W/Poll/E&O I Dani Rembleski 1 1/28/2026 10:36:44 AM (PST) I Page 12 of 19 EEC Environmental dba:Environmental Engineering&Contracting, Inc. AECO068948 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 89056740 25-26 A/G/U/W/Po11/E&0 I Dani Rembleski 11/28/2026 10:36:44 AM (PST) I Fage 13 of 19 POLICY N UMBERAECO06ss48 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: EEC Environmental dba:Environmental Engineering&Contracting, Inc. Endorsement Effective Date: 05/24/2025 SCHEDULE Name(s) Of Person(s) Or Organization(s): Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc.,2011 Page 1 of 1 89056740 25-26 A/G/U/W/Poll/E&O I Dani Rembleski 1 1/28/2026 10:36:44 AM (PST) I Page 14 of 19 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET 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). The additional premium for this endorsement shall be 2% of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY PERSON /ORG ALL CA OPERATIONS WHEN REQUIRED BY WRITTEN CONTRACT Policy Number: WSD 5066761 03 Insured: EEC Environmental Endorsement Effective: 5/24/2025 Coverage Provided by: Insurance Co of the West Issue Date: Countersigned by: WC990634 (Ed. 8-00) 89056740 125-26 A/G/U/W/Po11/E&0 I Dani Rembleski 1/28/2026 10:36:44 AM (PST) Page 15 of 19 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 06 01 A EEC Environmental dba: Environmental Engineering & Contracting, Inc. (Ed. 12/93) WSD 5066761 03 CALIFORNIA CANCELATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the INFORMATION PAGE. The cancellation condition in Part Six (Conditions) of the policy is replaced by these conditions: CANCELATION 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy for one or more of the following reasons: a. Non-payment of premium; b. Failure to report payroll; c. Failure to permit us to audit payroll as required by the terms of this policy or of a previous policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure to cooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommendations of our designated loss control representatives; i. The occurrence of a material change in the ownership of your business; j. The occurrence of any change in your business or operations that materially increases the hazard for frequency or severity of loss; k. The occurrence of any change in your business or operation that requires additional or different classification for premium calculation; Copyright 1998by The Workers'Compensation Insurance Rating Bureau of California. All rights reserved. Page 1 of 2 From the WCIRB's California Workers'Compensation Insurance Forms Manual Copyright 1M. INSURED 89056740 125-26 A/G/U/W/P011/E&0 I Dani Rembleski 11/28/2026 10:36:44 AM (PST) I Page 16 of 19 PECO068954 EEC Environmental dba:Environmental Engineering&Contracting, Inc. with a Client. I. Emergency Remediation Expense means Remediation Expense incurred by you on an emergency basis that we determine was reasonable and necessary to mitigate the immediate effects of the Pollution Condition in light of the liability covered under this Policy that can be avoided or reduced by such mitigation. J. Environmental Damage means physical damage into or upon land or structures thereupon,the atmosphere or any watercourse or body of water, including groundwater, caused by a Pollution Condition and resulting in Remediation Expense. Environmental Damage does not include Property Damage. K. First Named Insured means the person or entity stated in Item (1)of the Declarations. L. Green Building Materials means building products or materials that are recognized by The Leadership in Energy and Environmental Design (LEED®), Green Globes Assessment and Rating System, International Green Construction Code or Energy Star as: 1. being environmentally preferable or sustainable; or 2. providing enhanced energy efficiency. M. Insured means each of the following: 1. the First Named Insured; 2. the Named Insured; 3. the Named Insured's current and former directors, partners, principals, members, officers, stockholders, or trustees, but solely while acting within the course and scope of their duties as such; 4. the Named Insured's current and former employees, including Leased Worker, but solely within the course and scope of their employment or lease agreement; 5. the Named Insured's heirs, executors, administrators, assigns or legal representatives in the event of death, incapacity or bankruptcy, but only with respect to the liability of the Named Insured otherwise insured herein; 6. any Predecessor in Interest; 7. any entity newly formed or acquired by the Named Insured during the Policy Period where the Named Insured has greater than fifty percent (50%) ownership, control, or beneficial interest, provided that: a. coverage shall be provided only for Professional Loss and Protective Loss arising out of Professional Services or Design Professional Services or Pollution Loss and Pollution Protective Loss arising out of Contracting Services or Subcontractor Services, for services performed on or after the date of formation or acquisition, subject to the Retroactive Date; and b. this coverage shall expire at the end of the Policy Period or within ninety (90)days of such formation or acquisition of the entity, whichever is earlier, unless you submit written notice to us providing detailed information concerning the newly formed or acquired entity and we agree to accept coverage and issue an endorsement confirming coverage; 8. the Named Insured to the extent of its participation in a legal entity including a limited liability company orjoint venture, but only to the extent of the Named Insured's legal liability for its rendering EVPCPocCP 0424 ©2024 X.L. America, Inc. All Rights Reserved. Page 7 of 29 May not be copied without permission. 89056740 125-26 A/G/U/W/Poll/E&O I Dani Rembleski 11/28/2026 10:36:44 AM (PST) I Page 17 of 19 or failure to render Professional Services or Contracting Services under the respective legal entity. 9. Solely with regard to SECTION I- INSURING AGREEMENTS, 13.1.Job Site Coverage-Occurrence, 13.2. Transportation Coverage and 13.5. Non-Owned Disposal Site Coverage, any person or entity, including a Client, as required by a written agreement, but only for: a. a Pollution Condition caused by Contracting Services; and b. the liability of the person or entity that results from the performance of the Named Insured's Contracting Services, provided that such written agreement is signed prior to the commencement of the Pollution Condition. Any insurance afforded under the terms and conditions of this Policy shall be limited to the scope of coverage required by such agreement and shall be limited to the lesser of the amount of the limits of liability required by such written agreement or the Limits of Liability under this Policy. In no event shall we be liable for any amounts in excess of the Limits of Liability shown in Item (3) and Item (4) B. Pollution Coverages of the Declarations. N. Insured Contract means that part of any written agreement under which, the Named Insured assumes the tort liability of another party to pay compensatory damages for Bodily Injury, Property Damage or Environmental Damage, to a third-person or entity, provided that such written agreement is signed by the Named Insured prior to the Bodily Injury, Property Damage or Environmental Damage. Tort liability means a liability that would be imposed by law in the absence of any agreement. O. Job Site means the location where Contracting Services are rendered. Job Site does not include: 1. any location that is owned, rented, leased, used, or occupied by you except for: a. a location owned, rented, leased, or occupied by the Client; or b. a location that is rented, leased, or occupied (but not owned) by the Named Insured and is used on a temporary basis by you for a single project only, during the course of providing Contracting Services for such single project. 2. a Non-Owned Disposal Site or Your Location. P. Leased Worker means a person leased to the Named Insured, by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Q. Legal Expense means legal costs, charges and expenses incurred by you or on your behalf in the investigation or defense of a Claim arising from Professional Services or Contracting Services, and includes any necessary expert fees paid to experts retained by defense counsel. Legal Expense does not include any of the following: 1. the time and expense incurred by you assisting us in the investigation or resolution of a Claim or in connection with Remediation Expense, including, but not limited to, the costs of your in-house counsel, salary charges of your regular employees or officials, and fees and expenses of counsel retained by you. 2. salary charges of our employees. EVPCPocCP 0424 ©2024 X.L. America, Inc. All Rights Reserved. Page 8 of 29 May not be copied without permission. 89056740 125-26 A/G/U/W/Po11/E&0 I Dani Rembleski 11/28/2026 10:36:44 AM (PST) I Page 18 of 19 PECO068954 EEC Environmental dba:Environmental Engineering&Contracting, Inc. L. Severability Except with respect to the Limits of Liability and the Self-Insured Retention Amount, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a Claim is made. Any misrepresentation, act or omission that is in violation of a duty,term or condition under this Policy by one Insured shall not by itself affect coverage for another Insured under this Policy. However, this exception shall not apply to the Insured who is a parent, subsidiary or affiliate of the Insured which committed the misrepresentation, act or omission referenced above. M. Sole Agent The First Named Insured shall act on behalf of all Insureds for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or non-renewal and the exercise of the rights provided in SECTION VI—OPTIONAL EXTENDED REPORTING PERIOD. N. Subrogation and Recoupment In the event of any payment under this Policy, we shall have the right to seek recoupment against you in the event we determine no coverage exists and/or be subrogated to all of your rights of recovery against any person or entity and you will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. Any recovery as a result of subrogation proceedings under this Policy shall accrue first to you to the extent of your payments in excess of the Limits of Liability of this Policy; then to us to the extent of our payment under this Policy; and then to you to the extent of your payment of the Self-Insured Retention Amount. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party's share in the recovery bears to the total recovery amount. We shall have priority in any recovery, and any amounts recovered in excess of our total payment and the cost of recovery shall be paid to you. You shall do nothing at any time to prejudice our subrogation rights. However, we waive our right of recovery against any person or entity, except for a Design Professional or Subcontractor, including Subcontractors and subconsultants, as referenced in SECTION I — INSURING AGREEMENTS, A.3. Protective Loss Coverage and B.4. Pollution Protective Loss Coverage, if and to the extent you agreed to waive your right of recovery against such person or entity in a written agreement signed by the Named Insured prior to: 1. the negligent act, error or omission in Professional Services out of which the Claim or request for Rectification Expense arises under SECTION I - INSURING AGREEMENTS, A. Professional Coverages; or 2. the first commencement of a Pollution Condition out of which the Claim or request for Emergency Remediation Expense or Pollution Loss arises under SECTION I- INSURING AGREEMENTS, B. Pollution Coverages. O. Territory This Policy applies to Professional Services and Contracting Services rendered worldwide, provided that the Claim, Protective Claim or Pollution Protective Claim is first brought, and at all times maintained, within the United States, its territories and possessions, or in Canada. EVPCPocCP 0424 ©2024 X.L. America, Inc. All Rights Reserved. Page 28 of 29 May not be copied without permission. 89056740 125-26 A/G/U/W/Po11/E&0 I Dani Rembleski 11/28/2026 10:36:44 AM (PST) I Page 19 of 19