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HomeMy WebLinkAboutINTERWEST CONSULTING GROUP, INC. (9) INSURANCE ON FILE A-2023-194-20B WORK MAY PROCEED UNTIL INSURAi CE'EXPIRtS MAYOR `D "�- .--.....�.. CITY MANAGER Valerie AmezicOWY CLERK + Alvaro Nunez MAYOR PRO T5,W[E: MAY 2 8 2025 CITY ATTORNEY Benjamin Vazquez Sonia R.Carvalho COUNCILMEMBERS I?T "_ CITY CLERK Phil Bacerra , Jennifer L.Hall / Johnathan Ryan Hernandez Jessie Lopez ��IIAr� David Penaloza Thai Viet Phan CITY OF SANTA ANA PLANNING AND BUILDING AGENCY 20 Civic Center Plaza a P.O.Box 1988 Santa Ana,California 92702 www.santa-ana.ora April 29,2025 Interwest Consulting Group, Inc. I Jenner Suite 160 Irvine,CA 92618 Re: On-Call Planning Services—Contract Senior Planner Services Pursuant to Section 1 ("Scope of Services") of Agreement No. A-2023-194-20 entered into by Interwest Consulting Group, Inc. ("Consultant") and the City of Santa Ana, dated November 7, 2023, Consultant hereby accepts this Letter Agreement for an assignment to provide the City with Contract Senior Planner Services. Services shall commence on May 12, 2025 and Consultant shall complete the services per the proposal (attached as Exhibit A to this Letter Agreement) by November 7, 2025. Compensation is subject to Section 2 of the Agreement, and the total compensation for this assignment shall not exceed $185,000. All other terms and conditions of said Agreement remain unchanged and in full force and effect. If you have any questions regarding this project,please contact Pedro Gomez in the Planning and Building Agency at(714) 667-2790 or PGomeznsanta-ana.org. Sincerely, Ali Pezeshkpour Interwest Consulting Group, Inc. Acting Executive Director Paul Meschino Planning&Building Agency President APPROVED AS TO FORM: Sonia R. Carvalho City Attorney �_') Melissa M. Crosthwaite Senior Assistant City Attorney SANTA ANA CITY COUNCIL Valene Amezcua Benjamin Vazquez Thai Viet Phan Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem-Ward 2 Ward I Ward 3 Ward 4 Ward 5 Ward 6 vamezcuaaa Santa-ana.org bvamuez(d- ta-ana.oro tohan�]o sanla-ana ora iessielopezAsanta-ana ora pbacenra(o Santa-ana ora Lryanhemandezrdsania-ana ora dpenaloza(@sanla-ana orq Exhibit A- Side Letter (A-2023-194-20) April 24,2025 Ricardo Soto Acting Planning Manager City of Santa Ana 20 Civic Center Plaza Santa Ana,CA 92702 RE: Interwest Consulting Group-Contract Senior Planner Services Dear Mr.Soto, Interwest Consulting Group (Interwest) appreciates the opportunity to submit this proposal to the City of Santa Ana. We believe our team is uniquely qualified to provide the City with Contract Planning Services. Our understanding of the project is that the City is seeking to contract a planning firm to assist the Current Planning Division primarily with development and entitlement projects. Our Project Manager, Rick Smeaton,AICP, has provided professional planning services for more than 25 years and brings a wealth of experience in all aspects of project management, entitlement, urban planning, zoning, architecture, and community development. He may be supported by additional members of our team. Contact information for Rick is provided below: Project Administrator I Principal Planner (408)430-2203 1 rsmeaton@interwestgrp.com Interwest will provide one Senior Planner to assist the City with planning projects on an as needed basis for up to 40 hours a week.Additional planners can be added to the project at the City's request. Should any questions arise, please do not hesitate to reach out to Rick Smeaton who will be acting as the Project Administrator for this scope of work. We appreciate the opportunity to present this scope of work to the City of Santa Ana and look forward to serving the City. Respectfully Submitted, Paul Meschino President Scope of Work We understand the City is seeking an experienced planner to act as an extension of staff under the direction of the Planning Manager, or their designee, for assistance with a variety of current planning projects. Possible assignments include: Assisting the City with the planning counter and answering planning inquires. Processing various types of land use entitlement applications as needed through the City's review process and prepare recommendations for action by staff, Planning Commission, and/or the City Council. Coordinating discretionary review of entitlement applications. Reviewing applications and proposed projects and prepare documents as needed for compliance with the required environmental statutes. Assisting the City in conducting planning studies as needed. Processing Plan Amendments and Code Amendments as needed. Attending meetings of the City Council, Planning Commission, staff, public officials, community leaders, developers,contractors,and the general public as directed. Completing planning reviews of building permits and tract maps in a timely manner. Acting as planning project management for assigned planning projects, including but not limited to, development projects. Conducting inspections for approved planning projects and monitoring and evaluating implementation of conditions of approval as needed. Other planning-related duties as assigned by the Planning Manager or their designee. The scope of work assumes that the City will make available templates for all required staff reports, conditions of approval, resolutions/ordinances, and other documents needed to process the application and that the City will publish public hearing notices. At the City's request the scope of work can be expanded to cover specialized studies or projects. A separate scope of work can be provided for these tasks if they are requested. Work will be provided either on-site or off-site as agreed upon by the City and Interwest, however it is anticipated that the planner will be on-site at least one day a week. Work will commence on May 12,2025,and end on November 7,2025,unless extended by mutual agreement. The planner will be available for up to 40 hours a week,with a not to exceed budget of$185,000. The City of Santa Ana will not be charged for the first three days that Interwest's planner is on site,this will be a complimentary training period. Payment Schedule The contract approved on November 7", 2023, states "that beginning on the first anniversary of the effective date of the agreement and annually thereafter,the hourly rate listed below shall be automatically increased based upon the annual increase in the Department of Labor Bureau of Labor Statistics of Consumer Price Index" (CPI). The revised hourly rate factoring in a 3.4% CPI is reflected in the fee schedule below (rounded to the nearest dollar).Work will be billed on a time and materials basis: CommunityDevelopment Director........................................................................................................... $222 PlanningManager........................................................................................................................................ 196 PrincipalPlanner......................................................................................................................................... 181 SeniorPlanner..............................................................................................................................................165 AssociatePlanner..........................................................................................................................................134 AssistantPlanner..........................................................................................................................................109 PlanningTech .................................................................................................................................................88 Wage will be billed at the IRS standard milage rate in effect when the trip takes effect Per the original signed contract, rates will be increased annually on the anniversary of the effective date of the agreement. The hourly rates listed shall be increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average,All Items (CPI-U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the "CPI") for the Municipality or,if not reported forthe Municipality the CPI forcities of a similarsize within the applicable region from the previous calendar year, such increase, however, not to exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged. AC"R"® CERTIFICATE OF LIABILITY INSURANCE r ATE(MM/ DfY ) 25 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 McGriff Insurance Services LLC NAME: Lauren Ma er 2200 N. Commerce Parkway PUVC.HONNo_E . 954-385-6022 ac No):866-802-8684 Suite 200 ADDRESS: lauren.ma of mC riff.com Weston FL 33326 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Berkshire Hathaway Homestate Ins Co 20044 INSURED 132SAFEBLLC INSURER B:Everest Indemnity Insurance Company 10851 Interwest Consulting Group, Inc.444 N Cleveland Ave; INSURER C:Everest Premier Insurance Company 16045 Loveland CO 80538 INSURERD:Bridgeway Insurance Company 12489 INSURER E:Great American E&S Insurance Company 37532 INSURER F: Great American E&S Insurance Company 37532 COVERAGES CERTIFICATE NUMBER:2145910428 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 ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR POLICY NUMBER MMIDDIYYYY MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y CF3GL00415241 10/3/2024 10/3/2025 EACH OCCURRENCE S1,000,000 CLAIMS-MADE M OCCUR DAMAGE TO RENTED PREMISES Ea occurrence 5300,000 X 10,000 MED EXP(Any one person) $10.000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY[K] PRO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y CF3CA00337241 10/3/2024 10/3/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident AUTOS ONLY AUTOS ( ) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident S Excess perace Iagg $1,000,000 D UMBRELLA LIAB X OCCUR Y Y 8EA7XL000207903 10/3/2024 10/3/2025 EACH OCCURRENCE $10,000,000 E 011170903 10/3/2024 10/3/2025 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED I X I RETENTION$ $ A WORKERS COMPENSATION Y SAWC666825 5/12/2025 5112/2026 X STATUTE ORH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? (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 F Professional Liability TER5325879 10/3/2024 1013/2025 Each Claim/Aggregate 10,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Excess policy#140002058 effective 10/03/2024-10/03/2025-QBE Ins Corp NAIC#39217-Limits-$5,000,000 part of$10,000,000 Excess of$5,000,000. Crime coverage—Federal Insurance Company,NAIC 20281-Policy#J06767825 effective 10/3/24-10/3/25;Limit$1,000,000 DED$10,000.Technology Errors &Omissions and Cyber Coverage-Coalition Insurance Company NAIC#29530-Policy#C4LRS025767CYBER effective 10/3124-1013/25.Each Claim/AGG $3,000,000 DED$100,000. RE:RFP#23-142-On Call Environmental and Planning Services. The City of Santa Ana,its officers,officials,employees,and volunteers are additional insureds with respects to general and automobile liability,with a written contract.Waiver of Subrogation applies to general and automobile liability and workers compensation in favor of the additional insureds,with a written contract. Coverage is primary and non-contributory for the additional insureds.Notice of Cancellation is 30 days,except 10 days for non-payment. CERTIFICATE HOLDER APPROVED CANCELLATION By Tu Tran Nguyen at 2:36 pm,May 27,2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana Digitally igned by Tu Tran ACCORDANCE WITH THE POLICY PROVISIONS. s Planning and Building Agency ru Tran Nguyen 20 Civic Center Plaza N u en Date:zo25.05.z7 AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 9 Y 74:37:16-bToO' 4Jt� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10 C (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or 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 calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of$350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver--Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium(prior to adjustments) All CA Operations 5936.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 05/12/2025 PolicyNo.: SAWC666825 Endorsement No.: Insured: Premium$ Insurance Company: Berkshire Hathaway Homestate Ins Cc Countersigned by WC990410C (Ed.01-19) 711/6/2025 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: Lauren Mayer McGriff Insurance Services LLC PHONE FAX 9850 NW 41 st Street A/C No Ext: 954-385-6022 vc,No):866-802-8684 E-MSuite 100 ADDRESS: lauren.mayer@marshmma.com Doral FL 33178 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Berkshire Hathaway Homestate Ins Co 20044 INSURED 132SAFEBLLC INSURER B: Everest Indemnity Insurance Company 10851 Interwest Consulting Group, Inc. 444 N Cleveland Ave; INsuRERc: Bridgeway Insurance Company 12489 Loveland CO 80538 INSURERD: Lexington Insurance Company 19437 INSURERE: Great American E&S Insurance Company 37532 INSURER F: COVERAGES CERTIFICATE NUMBER:866768558 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 POLICY NUMBER MM/DD MM/DD B X COMMERCIAL GENERAL LIABILITY Y Y CF3GL00415251 10/3/2025 10/3/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE � OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $300,000 X 10,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY� PECOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y CF3CA00337251 10/3/2025 10/3/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED LX NON-OWNED FIR ERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Excess per occ/agg $1,000,000 C UMBRELLA LIAB X OCCUR Y Y 8EA7XL000207904 10/3/2025 10/3/2026 EACH OCCURRENCE $10,000,000 D 11170903 10/3/2025 10/3/2026 X EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION$_ _ $ A WORKERS COMPENSATION Y SAWC666825 5/12/2025 5/12/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE FN] N/A E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? (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 E Professional Liability TER5780118 10/3/2025 10/3/2026 Each Claim/Aggregate $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Excess policy#140002058 effective 10/03/2025-10/03/2026-QBE Ins Corp NAIC#39217-Limits-$5,000,000 part of$10,000,000 Excess of$5,000,000. Crime coverage—Federal Insurance Company, NAIC 20281-Policy#J06767825 effective 10/3/25-10/3/26; Limit$1,000,000 DED$10,000.Technology Errors &Omissions and Cyber Coverage-Allied World Assurance Company US, Inc. NAIC#19489-Policy#03148733 effective 10/3/25-10/3/26. Each Claim/AGG$3,000,000 DED$100,000. RE: RFP#23-142-On Call Environmental and Planning Services. The City of Santa Ana, its officers,officials,employees,and volunteers are additional insureds with respects to general and automobile liability,with a written contract.Waiver of Subrogation applies to general and automobile liability and workers compensation in favor of the additional insureds,with a written contract. Coverage is primary and non-contributory for the additional insureds. Notice of Cancellation is 30 days,except 10 days for non-payment. CERTIFICATE HOLDER APPROVED CANCELLATION By Tu Tian Nguyen at 11:56 am,Nov 17,2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Planningand Building Agency by Tu Tranlly signed 9 9 Y TU Tfdn by Tu Tran 20 Civic Center Plaza Nguyen AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 Nguyen Date:2025.11.17 f- 11:56:49-08'00' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY#CF3GL00415251 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 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 ANY PERSON OR ORGANIZATION THAT ENTERED INTO A WRITTEN CONTRACT WITH THE NAMED INSURED REQUIRING SUCH PERSON(S) OR ORGANIZATION(S) TO BE NAMED AS AN ADDITIONAL INSURED WITH RESPECT TO THE NAMED INSURED'S PERFORMANCE OF OPERATIONS AT ANY LOCATION ON BEHALF OF SUCH PERSON(S) OR ORGANIZATION(S). 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. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 4 INSURED COPY 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. Page 2 of 4 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 INSURED COPY POLICY NUMBER:CF3GL00415251 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 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 OR ORGANIZATION ANY LOCATION FOR WHICH THE THAT ENTERED INTO A WRITTEN NAME CONTRACT INSURED' S WORK WAS PERFORMED ITH THE NAMED INSURED FOR SUCH PERSON (S) OR REQUIRING SUCH PERSON (S) OR ORGANIZATION (S) FOR ANY ORGANIZATION (S) TO COMPLETED OPERATIONS . BE INCLUDED AS AN ADDITIONAL INSURED. 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 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured with respect to liability for "bodily injury" or will not be broader than that which you are "property damage" caused, in whole or in part, by required by the contract or agreement to "your work" at the location designated and provide for such additional insured. 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 CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 INSURED COPY 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 37 04 13 0 INSURED COPY CF3GL00415251 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION 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 (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 INSURED COPY POLICY NUMBER: CF3GL00415251 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): ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE OF THE "BODILY INJURY", "PROPERTY DAMAGE", OR "PERSONAL AND ADVERTISING INJURY". 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 INSURED COPY POLICY NUMBER: CF3CA00337251 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE 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 this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE OF THE "ACCIDENT" . Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 INSURED COPY CF3CA00337251 COMMERCIAL AUTO ECA 24 503 02 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person or Organization: ALL PERSONS OR ORGANIZATIONS AS REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED. THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE OF THE "ACCIDENT". (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: 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 an "accident" or "loss", provided that you are required under a written agreement to waive your rights of recovery. The written agreement must be made prior to the date of the "accident" or"loss". This waiver applies only to the person or organization shown in the Schedule above. ECA 24 503 02 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 0 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. INSURED COPY CF3CA00337251 COMMERCIAL AUTO ECA 24 509 04 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION - BLANKET This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART Paragraph c. of the Other Insurance General Condition is replaced by the following: c. Regardless of the provisions of Paragraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any liability assumed under an "insured contract" that requires liability to be assumed on a primary noncontributory basis. Additionally, only the coverage and limit of insurance requirements of the "insured contract" shall apply, and in no event shall those requirements exceed the coverage and limits of insurance provided under this policy. ECA 24 509 04 14 Copyright, Everest Reinsurance Company, 2014 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission INSURED COPY (Ea. o1-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or 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 calculated by applying a factor of 2% to the total manual premium, with a minimum initial charge of $350, then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization Blanket Waiver — Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium (prior to adjustments) All CA Operations 3697.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 05/12/2024 Policy No.: SAWC561586 Endorsement No.: Insured: Premium$ Insurance Company: Berkshire Hathaway Homestate Ins Co Countersigned by WC990410C (Ed. 01-19) Great American E&S Insurance Company AES 1010 (Ed. 07/14) MULTIPURPOSE MANUSCRIPT AMENDATORY ENDORSEMENT In consideration of the premium charged, it is hereby understood and agreed that: I. The word "Sixty (60)" shall be replaced with the word "Ninety (90)" in paragraphs I.A., VI.A., and VII.A. of this Policy. II. Definition G. of Section II. of this Policy is deleted and replaced with the following: G. "Executive Officer" means the Chief Executive Officer, General Counsel, and Chief Financial Officer. III. Definition H.3. of Section II. of this Policy is deleted and replaced with the following: 3. Any organization the Named Insured acquires,forms or merges with during the Policy Period, provided the Named Insured maintains majority interest and management control and notifies the Company during the Policy Period of the acquisition,formation, or merger. However, coverage provided by this provision applies solely with respect to Wrongful Acts taking place on or after the effective date of such acquisition,formation, or merger If the annual gross revenues of such acquired,formed, or merged organization exceed ten percent (10%)of the annual gross revenues of the Named Insured as of the effective date that the organization is acquired,formed, or merged,the Named Insured, as a condition precedent to coverage with respect to such organization,shall, no later than ninety(90)days after the effective date that the organization is acquired, formed, or merged, or the end of the Policy Period,whichever occurs sooner: a. provide the Company with full particulars regarding the organization; b. accept a reasonable additional premium charge as determined by the Company to be appropriate in connection with the transaction. IV. Definition Q. of Section II. of this Policy is deleted and replaced with the following: Q. "Self-Insured Retention" means the amount stated in Item 6 of the Declarations, which shall apply separately to each Claim hereunder and shall be paid by the Insured prior to any payment by the Company. Claim Expenses and Damages are included in the Self- Insured Retention. The Insured shall promptly make direct payments within the Self-Insured Retention to appropriate parties as designated by the Company. If the Company, at its option, has paid part or all of any Self-Insured Retention, the Named Insured shall be liable to reimburse such amounts to the Company upon demand. V. The following Definitions shall be added to Section II. of this Policy: T. "Security" means a security of any nature whatsoever, including but not limited to stocks, shares, bonds, debentures, options, derivatives, partnership interests, limited liability company interests, real estate investment trust units, any other forms of debt or equity instrument, and any other forms of ownership interest. U. "Computer System" means computer hardware, software, applications, website, firmware and other electronic systems, including data thereon or accessed via such AES 1010 (Ed. 07/14) (Page 1 of 9) Great American E&S Insurance Company AES 1010 (Ed. 07/14) systems, which are linked together through a network of two or more computers, or accessible through the Internet, including network infrastructure, input, output, processing storage and off-line media libraries. V. "Internet" means the worldwide public network of computers as it currently exists or may be manifested in the future, including the internet, intranet, extranet or virtual private network. W. "Unauthorized Access" means the gaining of access to a computer or Computer System by an unauthorized person or persons or an authorized person in an unauthorized manner. X. "Unauthorized Use" means the use of a computer or Computer System by an unauthorized person or persons or an authorized person in an unauthorized manner. VI. Exclusion B. of Section III. of this Policy is deleted and replaced with the following: B. any Claim for: 1. Bodily Injury or Property Damage, unless the Insured's liability for such Claim is caused by the performance of Professional Services by or at the direction of the Insured and the Insured's Wrongful Act was not the direct immediate cause of such Claim for Bodily Injury or Property Damage; 2. assault or battery; or 3. unfair or illegal discrimination of any employee of the Insured, including but not limited to any Claim based upon or arising out of the Claimant's sex, race, color, ethnicity, nationality, immigration status, employment status, religious affiliation, sexual orientation, physical or mental infirmity, or age." VII. The following Exclusions shall be added to Section III. of this Policy: O. any Claim brought by, on behalf or in the name or right of, or for the benefit of any Security holder of the Named Insured. P. any Claim based upon, arising from, or in consequence of allegations of price fixing, restraint of trade, monopolization, unfair trade practices or any actual or alleged violation of the Federal Trade Commission Act, the Sherman Anti-Trust Act, the Clayton Act, or any other federal statutory provision involving anti-trust, monopoly, price fixing, price discrimination, predatory pricing or restraint of trade activities, or any amendment to or any rule or regulation promulgated under or in connection with any such statute; or any similar provision of any federal, state, or local statutory law or common law anywhere in the world. Q. any Claim based upon, arising out of, or involving in any way any actual or alleged violations of the Telephone Consumer Protection Act, the California Invasion of Privacy Act, any federal or state anti-spam statutes, and/or any other federal or state statute, law or regulation relating to a person's or entity's right of privacy or seclusion. AES 1010 (Ed. 07/14) (Page 2 of 9) Great American E&S Insurance Company AES 1010 (Ed. 07/14) R. any Claim based upon, arising from, or in consequence of any actual alleged guaranty, promise or warranty, either express or implied, or verbal or written, relating to costs or cost savings. S. any Claim based upon, arising from, or in consequence of any: 1. accounting, legal, or actuarial services; 2. advice relating to mergers or acquisitions of any companies, firms, entities, subsidiaries, or affiliates; 3. advice or service regarding the purchase of, investment in, or operation of, any franchise entity, or opportunity; 4. failure to maintain or effect, or any consulting on the placement of any insurance, reinsurance, or bond; 5. designing of any terms, conditions or financial structure of any benefit plan or structured settlement; or 6. service performed in the Insured's capacity as an interim manager or executive of a client or third party. T. any Claim based upon, arising from, or in consequence of any unauthorized or exceeded authorized access to, use of, or alteration of any computer program, software, computer, computer system, or any input, output, processing, storage and communication devices that can be connected thereto. U. any Claim based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving the "San Jacinto Matter" (Araujo v. City of San Jacinto/109- 1002: XL claim number 002979-049697-GB-02; Hiscox claim number 177001428) as well as any future litigation, proceeding, administrative action or hearing based upon the "San Jacinto Matter' or derived from the essential facts or circumstances underlying or alleged in the "San Jacinto Matter". V. any Claim based upon or arising out of: 1. goods or products composed in whole or in part of asbestos or asbestos related material(s), regardless of whether such goods or products are manufactured, sold, handled, maintained, repaired, removed, disposed of, transported, distributed, installed by, or in any way connected with the Insured or others trading under his, her or its name; 2. any storage device, container, wrapping, packaging, warehouse, building or other structure of any kind, or any part thereof; composed in whole or in part of asbestos or asbestos related material(s); 3. any goods or products which are damaged, contaminated or otherwise affected by asbestos and/or asbestos related materials(s); 4. health hazard (including the clean-up, repair or any other corrective measure voluntarily undertaken or required by any governmental body or other entity to eliminate such AES 1010 (Ed. 07/14) (Page 3 of 9) Great American E&S Insurance Company AES 1010 (Ed. 07/14) health hazard)occasioned by the existence of asbestos within the land and/or building(s)which are either owned, leased or otherwise controlled by the Insured; W. any Claim based upon or arising out of lead, whether or not the lead was at any time, airborne as a particle; contained in or formed a part of a product, structure or other real or personal property; ingested or inhaled or transmitted in any fashion; or found in any form whatsoever. This Exclusion also applies to any regulation, request, demand or order(or any failure to comply with any regulation, request, demand or order)that any Insured or others disclose, test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of lead. X. any Claim based upon, arising out of any actual, alleged or threatened discharge, dispersal, seepage, migration, release, growth, infestation, spread or escape of mold(s), mildew(s), fungi and/or spore(s); or any materials, goods or products containing, harboring or nurturing any such mold(s), mildew(s), fungi and/or spore(s); including, but not limited to any Claim: 1. based upon, arising out of, or involving in any way any request, demand or order that any Insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of mold(s), mildew(s), fungi and/or spore(s); or any materials, goods or products containing, harboring or nurturing any such mold(s), mildew(s), fungi and/or spore(s); 2. brought by or on behalf of either a private person, private entity or a governmental authority for Damages because of testing for, monitoring, clean up, removal, containment, treatment, detoxification or neutralization, or in any way responding to, or assessing the effects of mold(s), mildew(s), fungi and/or spore(s); or any materials, goods or products containing, harboring or nurturing any such mold(s), mildew(s), fungi and/or spore(s). Y. any Claim based upon, arising out of, or involving in any way Property Damage to or arising from, or Personal Injury, Bodily Injury or unfair or illegal discrimination arising from, tangible property which is owned or occupied by, or rented to, or used by the Insured or any Related Party, or is in the care, custody or control of the Insured or any Related Party, or as to which the Insured or any Related Party is exercising physical control, including, but not limited to, any Claim based upon or arising out of the maintenance of, or failure to maintain, such tangible property. Z. any Claim for which coverage would be afforded under a: standard Premises/Operations Liability policy; standard Commercial General Liability; or standard Products/Completed Operations Liability policy. This Exclusion applies even if Damages and/or Claim Expenses are not covered in whole or in part by such policy or policies for any reason including but not limited to an exclusion, a reduction or exhaustion of the limits of liability under such policy or policies, or any failure to maintain such policy or policies at the proper time to cover such Claim. AA. any Claim based upon, arising out of, or involving in any way Personal Injury, Bodily Injury, outrage, humiliation or unfair or illegal discrimination of any employee, subcontractor, independent contractor or any other agent of the Insured or any Related Party; or any obligation for which the Insured, any Related Party or any carrier as the Insured's or any Related Party's insurer may be liable under any Workers' AES 1010 (Ed. 07/14) (Page 4 of 9) Great American E&S Insurance Company AES 1010 (Ed. 07/14) Compensation, Unemployment Compensation, Employer's Liability, Disability Benefits or any similar law. BB. any Claim based upon, arising out of, or involving in any way, any actual or alleged physical, sexual and/or mental abuse, molestation or harassment. It is further agreed that this exclusion applies even if an alleged cause of the damage(s) was: 1. the failure of any Insured or agent to prevent, bar or halt any such conduct; 2. the failure of any Insured or agent to hire, employ, train, supervise, retain or control any person to prevent, bar or halt any such conduct; or 3. any other negligent act, error or omission of any Insured or agent. CC. any Claim based upon, arising out of, or involving in any way the ownership, maintenance, operation, use, loading or unloading, by, on behalf of, or at the direction of any Insured or any Related Party, of watercraft, automobiles, motor vehicles, aircraft or mobile vehicles of any kind. DD. any Claim based upon, arising out of, or in consequence of: 1. Unauthorized Access, Unauthorized Use, tampering with Computer System, damage to Computer System, or destruction of all or any part of Computer System. 2. any denial of service or delay, disruption, impairment, failure or outage of any part of Computer System or network. 3. any introduction of a virus, worm, logic bomb, adware, spyware, ransomware, bot, rootkit, trojan horse, or any other type of malware, malicious code or any other type of fraudulent or unauthorized computer code to Computer System. 4. the inability of a third party who is authorized to do so to gain access to Computer System. Vill. Section V.D. of this Policy is deleted in its entirety and replaced with the following: D. Self-Insured Retention: The retention amount stated in Item 6 of the Declarations shall be paid by the Insured and shall be applicable to all Claim Expenses and Damages for each and every Claim. A single retention shall apply to Claims arising from the same Wrongful Act or Interrelated Wrongful Acts.The Self-Insured Retention shall be paid by the Insured as a condition precedent to payment of any Claim Expenses or Damages by the Company hereunder. Such amount shall be paid by the Insured within thirty(30)days of written demand therefor by the Company. If a Self-Insured Retention that is lower than the Self-Insured Retention stated in Item 6 of the Declarations shall apply for any Claim, including those listed by Endorsement to this Policy, the Named Insured shall be responsible for and hold the Company harmless for any costs between that lower Self-Insured Retention applicable and the Self-Insured Retention stated in Item 6 of the Declarations. The Named Insured shall be liable to reimburse such amounts to the Company upon demand. AES 1010 (Ed. 07/14) (Page 5 of 9) Great American E&S Insurance Company AES 1010 (Ed. 07/14) IX. Parts G.I. and G.2. of Section V. of this Policy are deleted and replaced with the following: 1. Expense Reimbursement Coverage: The Company will reimburse any individual Insured up to$250.00 for actual loss of earnings to the Insured for each day or part of a day such individual is in attendance, at the Company's request, at a trial, hearing, mediation or arbitration proceeding involving a Claim against the Insured. 2. Subpoena Coverage: If during the Policy Period the Insured receives a subpoena for documents or testimony relating to the Insured's Professional Services and the subpoena is not related to a Claim, the Company will, at the Insured's request and upon receipt of a copy of the subpoena, retain legal counsel to advise the Insured regarding the document production or to represent the Insured during testimony.The Company will pay the expenses incurred in providing advice regarding the production of documents, review of the documents prior to production,the Insured's preparation for testifying, and representation during testimony.The maximum amount payable, regardless of the number of subpoenas reported or the number of Insureds subject to all subpoenas,shall be$10,000 per Policy Period.Any notification that the Insured gives to the Company of such subpoena shall be deemed to be notification of a Claim under this Policy. X. Paragraph B. of Section VII. of this Policy is deleted and replaced with the following: B. Optional Extended Reporting Periods: If the Company or the Named Insured shall cancel or refuse to renew this Policy for reasons other than non-payment of premium, then the Named Insured, upon payment of an additional premium as set forth herein, shall have the option to extend the insurance afforded by this Policy, subject otherwise to its terms, Limits of Liability, Exclusions, and Conditions, to apply to Claims first made against the Insured during the 12, 24, 36, 48, or 60 months, as purchased, immediately following the effective date of such non-renewal or cancellation, for any Wrongful Act committed before such effective date and after the Retroactive Date, which is otherwise covered by this insurance. The extension shall be endorsed hereto, if purchased, and shall be referred to as the "OPTIONAL EXTENDED REPORTING PERIOD." The premium for the OPTIONAL EXTENDED REPORTING PERIOD, if elected, shall be 12 months—75%, 24 months— 125%, 36 months— 160%, 48 months— 185%, or 60 months—200% of the full annual premium for this Policy, plus any additional premium owed to the Company for this Policy. The first ninety(90) days of the OPTIONAL EXTENDED REPORTING PERIOD, if purchased, shall run concurrently with the AUTOMATIC EXTENDED REPORTING PERIOD. When the OPTIONAL EXTENDED REPORTING PERIOD is purchased, the policy Discovery Clause is likewise extended concurrently. XI. Conditions G. and I. of Section Vill. of this Policy is deleted and replaced with the following: G. Application: By acceptance of this Policy, the Insured agrees that the statements in the Application (which is made a part of this Policy)are personal representations, that they shall be deemed material and that this Policy is issued in reliance upon such representations and that this Policy embodies all agreements existing between the Insured and the Company, or any of its agents, relating to this insurance. In the event that any of the statements, representations or information in the Application are not true and accurate, this Policy shall be void with respect to any Insured who knew as of the effective date of the Application the facts that were not truthfully and accurately disclosed (whether or not the Insured knew of such untruthful disclosure in the AES 1010 (Ed. 07/14) (Page 6 of 9) Great American E&S Insurance Company AES 1010 (Ed. 07/14) Application)or to whom knowledge of such facts is imputed. For purposes of the preceding sentence: 1. the knowledge of any Insured who is a past, present or future chief financial officer, in-house general counsel, chief executive officer, president or chairperson of the Named Insured shall be imputed to the Named Insured; 2. the knowledge of the person(s)who signed the Application for this Policy shall be imputed to all of the Insureds; and 3. except as provided in 1. above, the knowledge of an Insured who did not sign the Application shall not be imputed to any other Insured. I. Cancellation: This Policy may be canceled by the Named Insured by mailing or delivering prior written notice to the Company or by surrender of this Policy to the Company. If this Policy is canceled by the Named Insured, the Company shall retain the customary short rate proportion of the premium hereon. This Policy may also be canceled by the Company for non-payment of premium when due. In these cases, the Company shall mail written notice of cancellation to the Named Insured by registered, certified or other first class mail, at the address of the Named Insured as stated in Item 1 of the Declarations, at least ten (10) days prior to the effective date of cancellation. The proof of mailing of such notice as aforesaid shall be sufficient proof of notice. If this Policy is canceled by or on behalf of the Company, the Company shall retain the pro-rata proportion of the premium hereon. The Company shall not be required to renew this Policy; however, written notice of the Company's intent to non-renew this Policy shall be mailed to the Named Insured at least sixty (60)days prior to expiration of the Policy Period. In the event this Policy is cancelled or non-renewed, the Company will deliver to the below listed entity(ies)or to send to the below listed entity(ies) by registered, certified or other first class mail, at the address stated below, written notice stating when not less than thirty (30)days after the date of such notice, or ten (10) days notice if cancellation is for non-payment of premium, the cancellation shall be effective. The proof of sending such notice as aforesaid shall be sufficient proof of notice. Listed Entity/Entities: City of Wixom Attn: City Manager 49045 Pontiac Trail Wixom, MI 48393 The Ryland Group, Inc and its subsidiaries Attn: Insurance Compliance P.O. Box 276 Marble Hill, GA 30148-0276 City of Muskegon, Director of Public Safety 933 Terrance St. P.O. Box 536 Muskegon, MI 49440 AES 1010 (Ed. 07/14) (Page 7 of 9) Great American E&S Insurance Company AES 1010 (Ed. 07/14) City of Huntington Woods Attn: City Manager 26815 Scotia Road Huntington Woods, MI 48070 City of Rancho Mirage 69825 Highway 111 Rancho Mirage, CA 92270 City of Anaheim Attn: City Clerk 200 S. Anaheim Blvd. Anaheim, CA 92805 City of Miami Beach c/o EXIGIS Insurance Compliance Services P.O. Box 4668— ECM #35050 New York, NY 10163-4668 City of Troy 500 W. Big Beaver Rd. Troy, MI 48084 Riverside County Flood Control &Water Conservation District Attn: Contract Services Section 1995 Market Street Riverside, CA 92501 The City of Los Angeles, the Board of Water and Power Commissioners of the City of Los Angeles, the Department of Water and Power, their officers, agents, and employees. Risk Management Section P.O. Box 4668— ECM #35050 111 N. Hope St. Rm 465 Los Angeles, CA 90012 City of Milpitas 455 E. Calaveras Blvd. Milpitas, CA 95035 D. R. Horton, Inc. its affiliates and subsidiaries Insurance Compliance PO Box 100085— DR Duluth, GA 30096 Citrus County, FL Board of County Commissioners 3600 W. Sovereign Path, Suite 266 Lecanto, FL 34461 AES 1010 (Ed. 07/14) (Page 8 of 9) Great American E&S Insurance Company AES 1010 (Ed. 07/14) City of Casselberry Procurement and Contract Management Division 95 Triplet Lake Drive Casselberry, FL 32707 City of Santa Ana Attention: Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92701 XII. Condition VIII.B. of this Policy shall not apply to the Named Client for the Project listed below and the Company waives its right to subrogation against the Named Client for the Project listed below. NAMED CLIENT: Project: Moss/Kiewet, a Joint Venture Port Everglades Southport Turning Notch Expansion City of Rancho Mirage City of Miami Beach Architectural and Engineering Design Services for Lummus Park Citrus County, FL City of Casselberry City of Santa Ana Clients of the Named Insured, but only to the extent that the Named Insured is contractually required to waive subrogation to those clients under this Policy. XIII. The Named Insured agrees and warrants that comprehensive general liability, including products/completed operations and premises/operations, covering Bodily Injury, Property Damage, Personal Injury or unfair or illegal discrimination in the amount of$1,000,000 (or the amount of this Policy whichever is greater) applying to the Named Insured's operation shall be kept in force during the Policy Period. ALL OTHER POLICY TERMS AND CONDITIONS REMAIN UNCHANGED AES 1010 (Ed. 07/14) (Page 9 of 9)