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HomeMy WebLinkAboutEPD SOLUTIONS, INC. (ENVIRONMENTAL PLANNING DEVELOPMENT SOLUTIONS, INC.) (4) . r J._: = A-2023-194-03C CITY CLI-RK AEI�.3 2nYOR CITY MANAGER Valerie Amezcua w 4 Alvaro Nunez 0.pi5l9(0) MAYOR PRO TEM ;,�3ar CITY ATTORNEY TfanoAC David Penaloza = Sonia R.Carvalho villarealfp2) COUNCILMEMBERS CITY CLERK Phil Bacerra t Jennifer L. Hall Johnathan Ryan Hernandez Jessie Lopez Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA PLANNING AND BUILDING AGENCY 20 Civic Center Plaza a P.O.Box 1988 Santa Ana,California 92702 www.santa-ana.org March 30, 2026 Environment Planning Development Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Re: Planning and Technical Studies for Peer Review Services of EIR Addendum for i 109 N. Broadway, Santa Ana Pursuant to Section 1 ("Scope of Services") of Agreement No. A-2023-194-03 entered into by EPD Solutions, Inc. ("Consultant") and the City of Santa Ana, dated November 7, 2023, Consultant hereby accepts this Letter Agreement for an assignment for on-call environmental and planning services for the project listed above. Consultant shall provide and complete services by October 31,2026,per the proposal (attached as Exhibit A to this Letter Agreement). Compensation is subject to Section 2 of the Agreement, and the total compensation for this assignment shall not exceed$41,350.00.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 Nancy Tran in the Planning and Building Agency at(714) 667-2740 or Ntran5 a,santa-ana.ora. Sincerely, 4/3J2026 Ali Pezeshkpour EPD Solutions, Inc. Executive Director Jeremy Krout Planning& Building Agency President/CEO APPROVED AS TO FORM: Sonia R. Carvalho City Atto Melissa M. Crosthwaite Senior Assistant City Attorney SANTA ANA CITY COUNCfL Valerie Amezcua David Penaloza Thai Viet Phan Benjam'm Vazquez Jessie Lopez Phil Bacerra Johnathan Ryan Hernandez Mayor Mayor Pro Tam-Wartl 6 Ward 1 Ward 2 Ward 3 Ward 4 Ward s vamezcua Santa-ana o doenaloza0santa-ana.org tphan(1San[a-ana.om bvaznuez(a).santa-aoa,ora jesSie3onez(d]sanla-ana qm obacerraC�sanla-anaAm IrYanhemandezrnlsanla-ana.org 1109 N. Broadway Project P; :r ., Due Diligence Entitlements & Project Management .. Environmental � Planning r SOLUTI ❑ NS , INC I'' Development ' Construction Management WHERE EXPERIENCE _ AND PASSiaN MEET Policy - IIIf - Qurintegrated services offer Technical Services end-to-end expertise, ensuring the seamless implementation of a cohesive strategy.We deliver the best solutions for the environment, community and economic value. epdsolut8ons.com � 949.794.118Q 3333 Michelson Lrive,Suite 5a0. � Irvine,CA 92612 Prepared for: City of Santa Ana - Planning and Building Agency - 20 Civic Center Plaza Santa Ana, CA 92701 Nancy Tran ntran5@santa-ana.org (714) 667-2740 Prepared by: EPD Solutions, Inc. contracts@epdsolutions.com Direct: (949) 794-1180 PROJECT OVERVIEW Project Name: One Broadway Plaza Addendum Peer Review - * Project Location: Broadway Street - Santa Ana, CA Managing Jurisdiction: 1 City of Santa Ana . Proposed Services: " Environmental Planning&CEQA Compliance _ 1 i tom.. ♦! R { E I I D S❑L_UTI❑NS,INC WHERE EAPERIO,ICE AND PASSIBI1 I.9EE'w March 24, 2026 Dear Nancy, Thank you for inviting us to submit this proposal for California Environmental Quality Act (CEQA) peer review services. It is our understanding that the project applicant for the One Broadway Plaza project has retained T&B Planning as an environmental consultant for preparation of an Addendum to the One Broadway Plaza EIR,with associated technical studies,and the City is requesting proposals to peer review the Addendum and studies. EPD's team has extensive experience in Santa Ana from which we have developed a thorough knowledge of the City's Municipal Code,General Plan,and Specific Plans. Our environmental and technical teams also have worked on a number of Addendums for complex projects,which makes our team uniquely suited to assist the City with the peer review effort for this project. The following is our proposed scope of work and associated fee for the project. We look forward to working with you and discussing this exciting opportunity with you further. Thank you for your consideration. Sincerely, EPD Solutions, Inc. r Jeremy Krout President/CEO Due 1 - •nmental Planning-Development&Construction •• March 24, 2026 -One Broadway Plaza Addendum Peer Review- Page 4 QUALIFICATIONS AND EXPERIENCE YEARS OF EXPERIENCE EPD has a long history of over 10 years of providing environmental documentation on behalf of both public agencies and private developers in California. EPD staff collectively have many decades of experience managing and preparing all types of CEQA/NEPA documentation, including categorical and 15183 exemptions, initial studies, negative declarations, mitigated negative declarations(MNDs),environmental impact reports (EIRs), and mitigation monitoring and reporting programs (MMRPs), as well as National Environmental Policy Act (NEPA) environmental assessments, Findings of No Significant Impact (FON51s), and Environmental Impact Statements (EISs). PROJECT TEAM The following key staff members lead the EPD Project Management Team. The City's primary day-to-day contact and CEQA Project Managerwould be Meaghan Truman.Qualifications and resume summaries for these and other staff are provided below. Resumes for all staff assigned to the project are included in Appendix A to this proposal. ■ Konnie Dobreva,JD,Vice President of Environmental Planning—Quality Assurance/Quality Control ■ Jeremy Krout,AICP, President/CEO—Client Services ■ Meghan Macias,TE, Director of Technical Services—Traffic Impact Analysis Peer Review ■ Alex Garber,Technical Manager—Air Quality, GHG and Energy Analysis Peer Review ■ Meaghan Truman, Senior Environmental Planner — Project Management, Technical Study Peer Review, and CEQA Document Peer Review Konnie Dobreva,JD, Vice Presidentof Environmental Planning. Konnie's more than 25 years of public and private sector planning and legal experience have made her an expert in entitlements,environmental and policy planning, a keen analyst and an effective writer of environmental documents. She has managed and prepared environmental documents for a diverse range of projects and clients;small-scale residential and large planned communities, commercial office, industrial, mixed-use, and schools. In law school, Konnie specialized in alternative dispute resolution. She clerked for two private law firms and the Thousand Oaks City Attorney's Office. She was also a full-time extern for the Honorable Warren J. Ferguson, 9th Circuit Court of Appeals. Konnie has been a planner with the City of Lake Forest and a planning consultant for the cities of Irvine, Anaheim, and Rancho Santa Margarita. Her duties included project management, evaluating development proposals, presenting staff reports and resolutions before the Zoning Administrator and Planning Commission, evaluating grading and building plans, and environmental review and documentation. Konnie's diverse planning and legal experience provides her with a unique understanding of planning and zoning law, and the California Environmental Quality Act (CEQA). She is a frequent lecturer on CEQA for the Association of Environmental Professionals (AEP) Advanced CEQA Workshop and CEQA Basics Workshop, which provides training to many of the area developers, agency planners and attorneys. Konnie currently serves on Board of Directors for AEP as the organization's Executive Vice President. March 24, 2026-One Broadway Plaza Addendum Peer Review- Page 5 Jeremy Krout, AICP, LEED GA, PresidentICED. Jeremy, the founder of EPD, has experience in both the public and private sectors,which has allowed him opportunities to prepare and manage various types of environmental documents and project entitlements. Jeremy's experience spans a diverse range of uniquely complex land use planning and entitlement projects, due diligence studies, general plan amendments, zone changes, environmental impact reports, development agreements, and construction projects. His clients have entrusted him with these responsibilities based on his problem-solving approach and extensive real-world experience in creating CEQA documents based on sound research and well- articulated strategies and many successes on exigent projects. Jeremy has dual Bachelor of Arts degrees in Geography and Environmental Studies from the University of California,Santa Barbara, and a Master of City and Regional Planning from Cal Poly San Luis Obispo. He is an active member of the American Planning Association and is certified by the American Institute of Certified Planners (AICP). Meghan Macias, TE, Director of Technical Services. Registered Traffic Engineer#2697. Meghan will lead traffic analysis services, including preparing Traffic Impact Technical Reports; forecasting future traffic generation using Average Daily Trips (ADT), Level of Service (LOS), and Vehicle Miles Traveled (VMT); preparing Parking and Shared Parking Analyses; and developing traffic mitigation measure recommendations and fair share calculations, and would coordinate preparation of intersection design plans, traffic signal design plans, other related services, Meghan has over 18 years of experience in the transportation planning field and has worked on hundreds of projects throughout California. She has a deep understanding of the regulations and methodologies used by local and regional agencies throughout California, including application of local traffic study guidelines, CMP and CEQA requirements and the Mitigation Fee Act. She holds a Master's degree in Urban and Regional Planning from the University of California, Irvine, is a registered Traffic Engineer, and an active member of the Institute of Transportation Engineers (ITE). She was also a participant on the ITE SB743 Task Force to evaluate changes to the CEQA Guidelines resulting from SB743. Alex Garber, Technical Manager. Alex has over five years of experience in the areas of air quality, greenhouse gas, environmental, and traffic planning and analysis. Alex has worked on traffic projects ranging from focused access studies to large mixed-use projects analyzing over 50 intersections, roadway segment analyses, and parking analyses. Additionally, Alex has experience writing and completing air quality,energy, greenhouse gas, and health risk assessment analyses, spatial analyses using GIS software, as well as writing CEQA documents. The types of projects Alex has worked on include residential, industrial,commercial, institutional,solar utility, and mixed use at a development level, and specific plans at a planning level. Alex has also showed valuable leadership at EPD Solutions by starting the air quality, energy, GHG, and HRA discipline, as well as developing the transportation skills of new hires, Meaghan Truman, Senior Environmental Planner. Meaghan has over five years of experience in the areas of environmental planning, entitlements, and policy planning. Professional experience includes preparation of environmental assessment documents and technical studies, in compliance with CEQA and NEPA for both private and public sector clients, and project management of a diverse range of projects. She has managed, prepared,and peer reviewed environmental documents for a diverse range of projects and clients:small-scale residential and large specific plans, community parks, renewable energy facilities, industrial, mixed-use, and schools. Meaghan also sits on the Orange County Association of Environmental EIPID SOLUTIONS,INC949.794.1180 1 epdsolutions.com • Drive, FI March 24, 2026- One Broadway Plaza Addendum Peer Review- Page 6 Professionals Board of Directors. Her educational background is in environmental studies with a focus on policy and law. PROJECT EXAMPLES The EPD team has extensive experience providing environmental planning and permitting services, including the preparation of CEQA and NEPA documents, to many jurisdictions throughout Southern California. EPD also recently prepared the Environmental Impact Report for the Related Bristol Specific Plan Project and peer reviewed the South Coast Technology Center 15183 in the City of Santa Ana. The following table provides a brief snapshot of some of the CEQA-related projects EPD has worked on in the last five years, showcasing EPD`s diverse project experience. Following the table are summaries of select projects. Services Provided Project Name Project Type Location E ra Q) Complete C a: i5 UJ Orange County Marketplace Rezone Mixed Use 2025 Tustin v 40 Enderle Center Rezone Mixed Use 2025 Tustin +r VO Tustin Legacy Specific Plan Mixed Use 2025 Tustin Amendment w' Tustin Housing Element& MND Government 2022 Tustin VO Downtown Commercial Core Specific Government 2018 Plan Tustin ATEP Planning and CEQA Institutional In SOCCCD/Tustin V v v Progress Goddard School Institutional 2024 SOCCCD/Tustin v V0 w Related Bristol Specific Plan Government 2024 Santa Ana a VO 00 Garry Avenue Business Park Industrial 2022 Santa Ana V Bowery Project Mixed Use 2020 Santa Ana ,r Heritage Community Park Irvine Recreation 2023 Irvine PA 21 Residential Project Peer Residential 2025 Irvine Review Discovery Park CEQA Peer Review Residential 2025 Irvine v PA 25 Residential Project CEQA Peer Residential 2025 Irvine a V Review VKCC Residential CEQA Peer Review Residential 2025 Irvine v 19026 Goldenwest St Commercial Commercial 2025 Huntington 40 Project Beach Holly Triangle Townhomes Residential 2022 Huntington a Beach . SOLUTION5,1NO :0 1 epdsolutions.com500 March 24, 2026-One Broadway Plaza Addendum Peer Review- Page 7 Recreation In Newport Y Snug Harbor Surf Park Progress Beach In 1500 Quail Street Residential Residential Newport Progress Beach Bixby Avenue Apartments Residential 2022 Garden Grove 1500 South Raymond Ave Industrial 2024 Fullerton v Slater Ave Mixed-Use Project Mixed Use 2022 Fountain Valley Collins Logistics Center Industrial 2024 Orange y y 2390 North American Way Industrial 2024 Orange y 0 2411 Glassell Street Industrial Industrial In Orange Project Progress w WO 4 w Village at Orange Specific Plan Residential 2021 Orange w YO Well 28 Installation Government 2021 Orange Self Storage Project Commercial In progress Capistrano no V 30700 Rancho Viejo Warehouse Industrial 2022 Capistrano p Great Scott Tree Service Commercial 2024 Lake Forest Rancho Parkway Light Industrial Industrial 2023 Lake Forest 28892 Marguerite Pkwy Parking Commercial 2021 Mission Viejo v Fun Zone Traffic,Truck Turning Commercial 2024 Newport Beach Porsch Dealership Commercial 2023 Newport Beach Pavilion Plaza West Shop Center Commercial 2021 Garden Grove 40w Heritage Park Master Plan Government 2024 Irvine d South Coast Tech Center Industrial 2024 Santa Ana *� w 17802 Irvine Blvd Residential 2022 Tustin v The Retreat Residential 2019 Orange County ✓ Riverside County Government In V V V Harvest Landing Specific Plan Progress Perris Ramona&Webster Warehouse Industrial 2024 Perris V �+ Westport Perris Industrial Industrial 2023 Perris +� Markham Street Warehouse Industrial 2023 Perris Redlands&Placentia Industrial 2023 Perris v Core5 Rider Business Center Commercial 2021 Perris The Ivy at Mountain Gate Assisted Government � a Living 2024 Corona Residential Desert Hot v Marbella Villas Residential Project 2021 Springs Granite Hill Residential Residential In Jurupa Valley J a Progress i .0 1 epdsolutions.com0r Due r .. Policy March 24, 2026- One Broadway Plaza Addendum Peer Review-Page 8 Glen Avon Warehouse Industrial In Jurupa Valley v V Progress 11296 Harrel St Industrial In Jurupa Valley w Progress PreZero Redevelopment Industrial 2020 1 Jurupa Valley v Cantu Galleano Gas Station Commercial 2020 Jurupa Valley V v Wood and Lurin Residential EIR Residential 2023 Riverside v Norco Housing Element Residential 2021 Norco Palomino Business Park Commercial 2020 Norco v Cottonwood Collection Residential 2023 Moreno Valley v v v Moreno Valley Billboard Commercial 2023 Moreno Valley v v Belago Park EIR Residential In Moreno Valley v v v Progress Valley and Whitney IS/MND Residential 2023 Moreno Valley v 0 Discovery Project IS/MND Residential 2023 Moreno Valley v v Alessandro Walk Mixed Use 2022 Moreno Valley v v Kia Dealership Entitlements Commercial 2018 Moreno Valley v Kia Dealership IS/MND Commercial 2020 Moreno Valley v Kia Dealership Construction Commercial 2020 Moreno Valley Monitoring Sunnymead Dispensary Class 32 Commercial 2019 Moreno Valley Exempt. v v Temecula Winery Commercial 2021 Temecula v Hemet Logistics West Industrial Hemet v v Newland Simpson Road Industrial Hemet v v National Tube Supply Industrial 2024 Hemet 1 v w Kirby Street Warehouse Industrial 2023 Hemet Canyon Hills Estates Residential 2024 Lake Elsinore v Mission Trail Residential Residential 2023 Lake Elsinore v Lakeshore Drive Condos Residential 2023 Lake Elsinore v Gierson Ranch Residential Residential 2023. Murrieta d Wildomar Crossroads Mixed Use 2022 Wildomar Menifee Ares Warehouse Industrial 2024 Menifee v +� Ethanac and Barnett Warehouse Industrial 2023 Menifee v Murrieta Road Warehouse Industrial In Menifee v v Progress Quail Valley Park Government In Menifee v v Progress Palmdale Logistics Center Industrial In Palmdale v v Progress Auto Center Drive&Trade Center Industrial In Palmdale +� Drive Progress Trade&Commerce Industrial 2024 Palmdale .• 1 epdsolutions.com 3333 Michelson Drive, 0i Due Diligence . Development&Construction -Policy March 24,2026-One Broadway Plaza Addendum Peer Review- Page 9 12th &Rancho Vista Industrial 2024 1 Palmdale w w Verano Residential Residential 2024 Cathedral City d Water Street and Harvill Ave Industrial 2023 Riverside w w w County Twelve Oaks Winery Resort Commercial 2020 Riverside w d County San Bernardino County 5705 N. Industrial Pkwy Industrial 2024 San v w w Bernardino Luxview Residential Residential 2024 Redlands d w City Center Redlands Mixed Use 2022 Redlands w d Transit Villages Specific Plan EIR Government 2022 Redlands w w State Street Village/Redlands Mall Mixed Use 2022 Redlands w SCEA RHNA Rezoning Government 2025 Redlands d VMT Guidelines Government 2020 Redlands ++ d Yucaipa Countyline Warehouse Industrial 2022 Yucaipa w 14387 Valley Blvd Industrial 2024 Fontana d w w 16025 Slover Avenue Industrial 2024 Fontana d d Chase Road Residential Residential 2023 Fontana w d South Poplar Distribution Center Industrial 2023 Fontana w w Arrow Route Industrial Project Industrial 2023 Fontana d v w Ling Yen Mountain Temple Residential 2025 Rancho d Cucamonga Arrow Rochester Warehouse Industrial 2024 R.Cucamonga v v w Waterford Mixed-Use Project Mixed Use 2023 R. Cucamonga v v Althea Avenue Residential 2024 Rialto v d Newcastle Pepper Ave Mixed Use 2023 Rialto v v d Bon View Warehouses Industrial In Ontario v w w Progress South Ontario Logistics Center Government 2022 Ontario v Specific Plan Ontario Ranch Business Park Commercial 2022 Ontario w w d w Edison and Wafker Ontario Residential 2024 Ontario w w w w KISS Logistics Industrial 2024 Hesperia v w Mesa Linda Warehouse Industrial 2023 Hesperia w w Forest Home Christian Conference Institution/Rec. 2024 San Bern. d w Ctr County Glen Helen Specific Plan Government In San Ben Progress w w Slover/Alder Traffic Safety Industrial 2022 San Bern. County Yorba Villas Residential Residential 2022 San Bern. v County t . :0 1 epdsolutions.com 3333 Michelson Drive,Suite 500 DevelopmentDue Diligence-Entitlement-Environmental Planning- Marcia 24, 2026-One Broadway Plaza Addendum Peer Review - Page 10 Other Locations Ivy at Danville Assisted Living 2025 Danville ✓ Siiverstrand Grid Energy Storage Energy 2020 Camarillo ✓ a Nancy Ridge Industrial Project Industrial 2023 San Diego ✓ Kings CSG 3 Solar Project Energy 2023 Kings County ✓ ✓ North Coast Highway 5olar Energy 2020 HumboldtCounty J '� Visalia CSG Solar Energy 2022 Tulare County ✓ ✓ Los Angeles County In 223rd St Warehouse Industrial Progress Carson v r ✓ 16323 Shoemaker Ave Industrial Industrial 2023 Cerritos v 500 S Alameda Industrial 2025 Compton r 40 205th St Torrance Warehouse Industrial 2024 Torrance ✓ V 2700 California Industrial 2021 Torrance 12th and Rancho Vista Industrial 2024 Palmdale ✓ ✓ Mission Villas Residential 2023 Rosemead ✓ d Avila Townhome Residential 2022 El Monte NO v Industrial Santa Fe v w Lakeland Road Development 2022 Springs 16323 Shoemaker Ave Industrial 2023 Cerritos d Elephant Hill Specific Plan Government 2022 Pomona ✓ ✓ Zest 2.0 at 747 N Barranca Residential 2024 Covina ✓ ✓ 747 N Barranca Residential 2024 Covina ✓ v Village at 707 N Barranca Mixed Use 2022 Covina ✓ V Covina Rec.Village CEQA/NEPA Recreation 2022 Covina ✓ North Glendora Reservoir Government 2024 Glendora ✓ Replacement Pioneer Building Development Industrial 2020 Santa Fe ✓ ✓ ✓ Springs Storage COA Amend. CEQA Exempt, Commercial 2023 Signal Hill ✓ Carden School Residential Project Residential 2020 Whittier ✓ ✓ 7823 Sorenson Avenue Residential 2023 County of LA ✓ ✓ Griswold Residential Project Residential 2023 County of LA ✓ ✓ EIPID :0 00 Policy March 24, 2026-One Broadway Plaza Addendum Peer Review- Page 11 The following project summaries exhibit EPD's wide range of experience with varying project types, locations, and CEQA documents from the most recent few years: Snug Harbor Surf Park Project-City of Newport Beach (Completed 2025) EPD peer reviewed the technical studies prepared by the Applicant's consultants for the proposed 15.38-acre recreational facility. In addition, EPD drafted the Environmental Impact Report for the proposed project ahead of schedule and prepared responses to hundreds of public comments received,helping secure approval within the expedited timeframe.The project includes a 5.06-acre surf lagoon with warming pools, a spa,seating areas;a three-story amenity clubhouse;a two-story athlete accommodation building; ancillary storage and maintenance areas;and associated parking a reas. South Coast Technology Center 15183 Peer Review—City of Santa Ana (Completed 2024) EPD peer reviewed the technical studies and 15183 Exemption Justification prepared by the Applicant's consultants to ensure that they meet the requirements set forth in CEQA Guidelines Section 15183. EPD peer reviewed all documents within three weeks,ensuring a turnaround within the Applicant's expected timeframe. EPD also attended the Planning Commission and City Council on behalf of the City. Related Bristol Specific Plan EIR—City of Santa Ana (Completed 2024) EPD peer reviewed the technical studies and prepared the EIR for the Related Bristol Specific Plan, which would allow for development of 3,750 residential units, 350,000 SF of commercial space, 250 hotel rooms, and 200 senior care units on a 41-acre site. The CEQA approach involves preparation of a Supplemental Program EIR to the Final Recirculated Draft Environmental Impact Report for the Santa Ana General Plan Update, certified in 2022. The Specific Plan and EIR are scheduled for hearings in March 2024. Advanced Technology & Education Park — South Orange County Community College District (Ongoing) The EPD team has been working with the South Orange County Community College District to prepare environmental documentation and permitting for various projects within ATEP, a new 60- acre community college campus located on the decommissioned Marine Corps Air Station Tustin and oriented towards technology and occupational training. EPD is responsible for coordination of technical studies and project management of the short- and long-range plans for site facility development.To date, EPD has prepared short-and long-range plans for site facility development, water quality management plans, stormwater pollution prevention plans, and CEQA documentation including an MND, EIR addenda, and others. EPD has also provided demolition, utility,grading, and drainage plans, and construction oversight. Transit Villages Specific Plan EIR—City of Redlands (Completed 2022) EPD prepared an EIR in support of the Transit Villages Specific Plan (TVSP). The 947-acre Project area is divided into three planning areas referred to as transit villages,generally surrounding three new San Bernardino County Transportation Authority Arrow Passenger Rail line stations in the city. The TVSP sets regulations for the community's long-term vision for compact, efficient, and environmentally sustainable development. As a form-based code, the TVSP emphasizes building form, mixed uses, strong pedestrian and transit-oriented development, and public realm improvements and amenities. Technical studies EPD prepared include an air quality and GHG March 24, 2026-One Broadway Plaza Addendum Peer Review- Page 12 report; cultural and paleontological resources report; energy analysis; noise impact analysis;VMT screening; and water supply assessment. Wood and Lurin Residential EIR—City of Riverside (Completed 2023) EPD prepared an EIR for the City of Riverside for a residential development consisting of 96 single family residential units on an 18.92-acre lot resulting in an overall density of 5.07 dwelling units per acre. EPD prepared associated technical studies including Air Quality, GHG, Noise, Biological, Cultual Resources and also helped the City conduct AB 52 consultations. EPD also prepared VMT Analysis for the Project's significant and unavoidable VMT impacts. Chase Road Residential—City of Fontana (Completed 2023) EPD prepared a 15183 Streamlining Checklist for a residential development consisting of 48 single family residential units, four of which would be affordable units set aside for very-low income households. EPD also reviewed the associated technical studies and prepared both the Traffic Safety Memo and VMT Screening Analysis Memo. State Street Village SCEA—City of Redlands (Completed 2022) EPD prepared the Sustainable Communities Environmental Assessment(SCEA)and provided CEQA peer review for the technical studies for the State Street Village Project. The Project proposed to demolish the existing buildings and develop six 3-to 4-story mixed-use buildings consisting of 700 multifamily dwelling units,71,778 square feet(SF)of ground-floor retail, 12,328 SF of office space, amenity areas, community building, and a 1,721 SF rooftop restaurant space with a rooftop deck. A 14,500 SF drugstore with drive through and surface parking lot was proposed for the area south of Citrus Avenue.The Project also included construction of an approximately 460-foot extension of West State Street (west of Orange Street) to connect to a new 545-foot extension of Third Street through the Project. site. The SCEA tiered from the SCAG's Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and provided CEQA clearance for this high- priority project for City of Redlands. Covina Bowl Mixed-Use Project—City of Covina (Completed 2021) EPD prepared an EIR and supporting technical studies for the Covina Bowl Specific Plan, which establishes a land use, development, and implementation framework for the enhancement and redevelopment of a 7.5-acre site with a historic building within the western portion of the city of Covina.The project consists of the implementation of Specific Plan to establish a master-planned, mixed-use development that includes a high-density residential community,as well as the adaptive reuse of a historic bowling alley into approximately 12,000 square feet of commercial uses. In addition,applications for a Tentative Tract Map and a site Plan Review are being filed with the City to develop a 5.75-acre portion of the subject property with 113 3-bedroom, 3.5 bath attached residential units and approximately 12,000 square feet of commercial space. Tustin Housing Element and MND—City of Tustin (Completed 2022) EPD provided Housing Element advisory services and assisted with the preparation of the City of Tustin's Housing Element 6'�Cycle Update and prepared the supporting Initial Study and Negative Declaration. The Housing Element Update provided a plan to meet anticipated population growth and housing needs, including incorporation of an additional 6,782 housing units to meet Regional Housing Needs Allocation accommodating varying income distributions. EPD also assisted the City with preparation and distribution of SB 18 and AB 52 tribal consultation letters. fDevelopment March 24, 2026-One Broadway Plaza Addendum Peer Review- Page 13 REFERENCES Reference 1 Agency: South Orange County Community College _Description of services provided: District Facilities Planning Advanced Tech&Education Park Planning and CEQA Contact: Medhanie Ephrem, Executive Director, Compliance Services: Ongoing coordination of Facilities Planning technical studies,project management of short-and Phone:949-582-4531 long-range plans for site facility development, and various CEQA documentation. Reference 2 A_gencV: City of Tustin Community Development Description of services provided: Department Housing Element preparation and CEQA compliance. Contact:Jay Eastman,Assistant Director-Planning FPD is currently drafting 3 EIRs to implement Phone:714-573-3101 required RHNA rezoning outlined in the Housing Element. Reference 3 Agency: City of Redlands Community Description of services provided: Development Department Preparation of the Transit Villages Specific Plan EIR Contact: Brian Foote, Planning Manager and multiple other CEQA documents, including an Phone: 909-798-7555, ext. 2 EIR to implement required RHNA rezoning outlined in the Housing Element. :0 epdsolutions.com 1 3333 Michelson Drive,Suite 500 i .. Policy March 24, 2026-One Broadway Plaza Addendum Peer Review- Page 14 METHOD OF APPROACH PROJECT DESCRIPTION The project site is located in the City of Santa Ana within one city block on Broadway Street between 10' Street and Washington Avenue.The 4.34-acre project site is comprised of Assessor Parcel Numbers(APNs) 398-561-18 and 398-561-03. APN 398-561-03 is zoned Midtown Specific Plan (SP 3) with a General Plan land use designation of Professional and Administration Office (PAO). The project site is located in the One Broadway Plaza District Center (OBPDC) General Plan designation and is located within the One Broadway Plaza Specific Development District (SD 75), which allows for a 37-story, 518,300 SF office and residential tower. The project would include amendment of the One Broadway Plaza entitlements to allow for 602 residential units for a total of approximately 411.,938 SF of residential and 63,990 SF of commercial and retail space.The project would include a General Plan Amendment and Zoning Ordinance Amendment to permit the increased unit count. CEQA APPROACH Based on our review of the materials provided in the request for proposals by the City and our understanding of CEQA and the environmental issues associated with the proposed project, EPD would conduct a thorough review of the Addendum and associated technical studies to ensure that the document would be consistent with the findings required under CEQA Guidelines Section 15164. Further, EPD would confirm that none of the conditions set forth in CEQA Guidelines Section 15162 are triggered requiring preparation of a Subsequent EIR. SCOPE OF WORK TASK 1. PEER REVIEW OF TECHNICAL STUDIES Upon receipt of the Notice to Proceed,the EPD team will peer review each the technical reports prepared by the Applicant's consultants for CEQA adequacy, sufficiency in covering its respective topic and City Policies related to CEQA, is consistent with the project description and contains substantial evidence as required by CEQA to support impact conclusions. EPD will also confirm each of the reports is ready for incorporation into the Addendum. The peer review will include a thorough review of each study focusing on background and existing conditions as compared with existing conditions viewed onsite during a site visit, scope assumed, methodologies and General Plan EIR mitigation applied and impact conclusions. Comments on each technical study will be made accordingly. Although not identified in the RFP, the following technical studies are assumed to be provided to EPD via the City in Microsoft Word and Adobe Acrobat PDF formats. • Air Quality& Greenhouse Gas Emissions • Water Supply Assessment • Trip Generation Evaluation MichelsonDrive, 11 Due i • Development • • Policy March 24, 2026- One Broadway Plaza Addendum Peer Review- Page 15 EPD will coordinate the technical study comments with the City and if authorized, with the Applicant's consultant team. EPD will provide one set of comments forthe first review and all comments are assumed to be addressed in the second review of the reports. Additional rounds of review would require an amendment to this scope of work and proposed budget. TASK 2. PEER REVIEW OF ADDENDUM EPD will peer review Addendum document to ensure the requirements of CEQA, the State CEQA Guidelines and City Policies related to CEQA are followed.We assume that the Addendum will be provided to EPD in electronic format (Microsoft Word and Adobe Acrobat PDF) for peer review in redline format and to view the print-ready version. Specifically, our review of the document will be to confirm the pertinent sections of the CEQA Guidelines governing preparation of an Addendum (CEQA Guidelines Section 15164) are satisfied. In addition, EPD will confirm that none of the conditions set forth in CEQA Guidelines Section 15162 are triggered requiring preparation of a Subsequent EIR. This includes ensuring that the project does not have new significant effects not discussed in the previous EIR or substantially more severe significant effects. The peer review of the Addendum will also analyze the Project Description to confirm it is complete, accurate, and reflects project plans and application materials. As mentioned in Task 1, the Project Description will be reviewed for consistency with the descriptions used in the supporting technical studies and the Environmental Setting and existing conditions reflect the current site conditions. Finally, EPD will review the document for internal consistency. EPD will prepare written, clear, and concise comments in the Addendum document itself including recommendations for revisions to expedite the review and revision process for the Applicant. Overall, EPD will work with City Staff and the project Applicant's environmental team by conducting this peer review for the purpose of establishing the credibility and strengthening the integrity of the CEQA environmental documentation process by identifying any potential critical weaknesses and offering feedback for improvement. EPD will coordinate the comments with the City and if authorized, with the Applicant's consultant team. EPD will provide one set of comments forthe first review and all comments are assumed to be addressed in the second review of the reports. Additional rounds of review would require an amendment to this scope of work and proposed budget. TASK 3. CEQA PROJECT MANAGEMENT AND MEETINGS Throughout the process, EPD will coordinate City staff in ensuring the project is accurately and appropriately assessed in the environmental document. EPD assumes attendance at up to five half-hour, virtual meetings with City staff, and attendance of two public hearings (Planning Commission and City Council). This budget assumes up to 28 hours for project management (including communications), meetings, and hearings. This budget also assumes up to 10 hours of staff time to assist with a variety of CEQA related tasks in support of City staff as needs arise, including preparation of hearing notices, assistance with preparation of the Staff Report, and preparation and filing of the Notice of Determination with the County Clerk and OPR. March 24, 2026- One Broadway Plaza Addendum Peer Review- Page 16 TIMELINE Project Schedule Notice to Proceed Week 1 LEPD's Review of Addendum &Technical Studies Weeks 1-2 City Review of EPD Comments &Applicant's Consultant's Weeks 3-5 Revisions i EPD's 2nd Review of Addendum &Technical Studies Weeks 6-7 PROPOSED BUDGET Proposed Scope of Work: EPD Solutions, Inc. will perform its professional services in the manner identified in the Scope of Services for the identified fixed fees and budgeted items, excluding direct expenses. Services provided on a time and materials basis or additional services will be charged based on the hourly billing rates in the attached EPD Schedule of Fees. Task# Tasks Fee Type Fee 1. Review of Existing Technical Studies Fixed Fee $10,920 2. Peer Review of Addendum Fixed Fee $13,880 1- CEQA Project Management and Meetings Not to Exceed $11,550 Estimated Expenses Not to Exceed $5,000 TOTAL $41,350 EPD Fee Schedule EPO's standard hourly rates are included as follows{effecttva January 1,2024ia �7'r, � Oi1 1Gn •``5 - Jw- z� r ti .,-a�i 3 xk., •� 7''R.x. q -s.t ,7".� rs" 7� ri, ..., f:. _ �••"e.s.. a r � .�. Presldent/Principal $37S•$ef0O..•: Vice President Qfa Planning; Environmental Planning; Development; Tromportation Planning; $360-$390 Construction?I+ianagernentg Englneeringf Pr(ndpol Plower Senior Director of., Planning; Environmental Planning; Development; Transportation Planning; $320-$360 Construvion Monagoment;Englneering Director of. Planning; Environmental Planning; Development; Tronsportation Plonning; Construction $290-$330 Management,Engineering 5enlorr Project Manager;Planner;Transportation Planner;Er•gineert Asstadate $230-$300 Project Manager;Associate Erging©r;Senior Environmental Planner $185-$250 Assoclates Planner;Environmental Planner;Transportation Planner;Technical Editor $165-$225 Assistant:Proioct Manager;Environmental Planner;Transportation P[annar;Project Planner;Engineer $150-V 86 Pro(ect Coordinator;GIS Analyst;Drafter $135-$150 Support Staff - $85 -$I50 All out-of-pocket costs such as permit fees,governmental fees, blueprinting costs,delivery charges,etc.,will be Invoiced at cost plus 15 percent.These fees and costs are not lncluded in our rate sheet or within any estimates,quotations,or contracts. March 24, 2026-One Broadway Plaza Addendum Peer Review- Page 17 ASSUMPTIONS Our cost estimate provided is based on the outlined scope of services, the anticipated schedule, and the following assumptions: • Validity Period: The cost estimate is valid for up to 60 days from the date of submittal. After this period, the estimate may be subject to revision. • Task Budget: Costs have been allocated to individual tasks to determine the total project budget. A "Not to Exceed" dollar amount is provided for each task, except where explicitly indicated as a "Fixed Fee." • Additional Meetings or Work: If additional meetings, site visits, or services beyond those described in the scope of work are requested or required, amendment 'of the budget such as a change order will be necessary to cover such additional work. • Expense Budget: If an estimated reimbursable expense budget is included, it covers direct project expenses such as mileage, reprographics and deliveries to the agency. Agency fees are not included in the budget. • Document Review/Revisions: The scope of work assumes a limited number of review cycles of administrative draft versions. Additional review cycles/versions beyond the stated assumptions will be additional work and will constitute additional work, requiring a budget amendment. • Budget Reallocation:At EPD's sole discretion,we reserve the right to reallocate costs among tasks, as needed, provided the total budget is not exceeded. Any unexpended budget will be invoiced in the final invoice. • Subconsultant Substitutions: EPD reserves the right to substitute subconsultants at its sole discretion if necessary. • Project Delays: If a delay of 90 days or more occurs due to circumstances beyond our control after project initiation, EPD reserves the right to adjust our budget to account for additional project management needs, updated labor rates, and other related costs. Thank you again for your consideration and interest in EPD Solutions, Inc. If this proposal and Provision of Agreement are acceptable, please return a signed copy to us prior to the start of work.Should you have any questions, please do not hesitate to contact the EPD Contracts Team at contracts@epdsolutions.com or(949) 794-1180. AGREED AND ACCEPTED Provider: Client: EPD Solutions,Inc. City of Santa Ana-Planning and Building Agency ' __j Signature:_ r,_f.•,-., Signature: Name: Jeremy gout Name: Title: President/CEO Title: Date: 3/24/2026 Date: Billing Contact: Billing Email: 949.794.1180 DiligenceDue Development ENVIPLA-02 TAKAPUK A � CERTIFICATE OF LIABILITY INSURANCE DATE 1 120 2YYI 10l2112025 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. IfSUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License#OE67768 CONEACT katalina takapU IOA Insurance Services PHONE FAX 3875 Hopyard Road IA1C,No,Extl:(925)416-7862 (Arc,Nol:(925)416-7869 Suite 200 E-MAIL Pleasanton,CA 94588 ADDRESS INSURERS AFFORDING COVERAGE NAIC 9 tNSURERA:Continental Casualty Company 20443 INSURED INSURER B:Hartford Casual! Insurance Company 29424 Environment Planning Development Solutions Inc dba EPD INSURER C Solutions Inc 3333 Michelson Dr.,Suite 500 INSURER D Irvine,CA 92612 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMF-D 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 SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ISSUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER fMMIDWYYYY MMIDDffYYYJLIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE ®OCCUR X X B6025654530 9/30/2025 9/30/2026 DAMAGE TSESO R(EaENocrTEDREM s 1,000,000 MED EXP(Any one erson S 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL.AGGREGATE S 4,000,000 POLICY r X]JECT LOG PRODUCTS-COMPIOP AGO S 4,000,000 OTHER, S A AUTOMOBILE LIABILITY COMBINED aED ent�SINGLE LIMIT S 1,000,000 ANY AUTO X X B6025654530 9/30/2025 9130/2026 BODILY INJURY Perperson) S OWNED SCHEDULED -- AUTOS ONLY AUTOS BODILY INJURY Per accident S XHIRED X NON- WNED PROPERTY DAMAGE AUTOS ONLY AUTO ONLY Per accdent 5 $ A X UMBRELLA LIAR N OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAR CLAIMS-MADE X }( B6025663132 913012025 9/3012026 AGGREGATE $ 4,000,000 DED I X I RETENTION$ 10,000 B WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY T R ANY PROPRIETORIPARTNERfEXECITIVE Y® EACH ACCIDENT S NIA X 57WEGAC20BW 913012025 9130l2026 E-L 1,000,000 OFFICERIMEMBER.EXCLUDED? , (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under 1,000,400 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liab, X EEH591923312 9/3012025 9/30/2026 Per Claim 4,000,000 A Professional Liab, X EEH591923312 9/30/2025 9130/2026 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS r LOCATIONS f VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:On-Call Agreement-Agreement No.A-2023-194-03 As required by Certificate Holder written contract or agreement,in-addition to(if applicable)the governing written contract or agreement:(1)Commercial General Liability policy shall include(a)additional insured coverage and contain(b)primary&non-contributory and(c)waiver of subrogation provisions for any additional insured;(2)to the extent applicable,Automobile Liability policy shall include(a)additional insured coverage and contain(b)primary&non- contributory and(c)waiver of subrogation provisions for any additional insured;(3)to the extent applicable,Commercial Excess Liability policy shall apply on a follow-form basis,excess of commercial general liability,automobile liability and employers' liability policy(ies)with such coverage being concurrent with underlying insurance;(4)to the extent applicable,Workers Compensation and Employers'Liability policy shall include a waiver of subrogation provision; SEE ATTACHED ACORD 101 CERTIFICATE HOLDER APPROVED CANCELLATION By Tar Tran Nguyen at 79:78 am,Oct 22,2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN TLI Tran Diy,elly'rg­dny ACCORDANCE WITH THE POLICY PROVISIONS. Tu Tran Nguyen �1.Z510 Nguyen 22 Ng uyen,,,.:,,-o-�•oo• AUTHORIZED REPRESENTATIVE City of Santa Ana, Planning and Building Agency 20 Civic Center Plaza Ana,CA 92701 r-� ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:ENVIPLA-02 TAKAPUK LOC#: 1 AC40RL7 ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#OE67768 NAMED INSURED OA Insurance Services Environment Planning Development Solutions Inc dba EPD Solutions Inc 3333 Michelson Dr.,Suite 500 POLICY NUMBER Irvine,CA 92612 EE PAGE 1 CARRIER NAIC CODE PEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsiVehicles: (5)Professional Liability policy shall apply on a claims-made basis and include a waiver of subrogation provision, Professional Liability Retroactive Date: Full Prior Acts Additional Insureds: City of Santa Ana, its officers,officials,employees,and authorized volunteers ACORD 101 (2008101) ©200B ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ��� SB146932G Policy#B6025654530 (Ed. 10-19) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1.a. Primary—Noncontributory provision 1.1b. Definition of "written contract" 2. Additional Insured—Extended Coverage 11. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of occurrence C. Estates,Legal Representatives and Spouses D. Fellow Employee First Aid E. Legal Liabiili —Damage to Premises F. Personal and Advertising Injury—Discrimination or Humiliation G. Personal and Advertising Injury—Broadened Eviction H. Waiver of Subrogation—Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed under a "written contract" to provide insurance, but only with respect to 'bodily injury" or 'property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury" or "property damage'for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed al the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or SB146932G (10-19) Page 1 of 7 Copyright,CNA All Rights Reserved. S8146932G (Ed. 10-19) h. "Bodily injury" or'property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d.or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage' included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a "written contract." 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such "written contract;" b. Coverage broader than required by such "written contract" and in no event greater than that described by the applicable paragraph a,through k. below; or c. Coverage for "bodily injury" or "property damage' included within the "products-completed operations hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.1.below. Any coverage granted by this endorsement shall apply only to the extent permitted by#aw. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or 0 (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury," "property damage" or 'personal and advertising injury" as co- owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for "bodily injury," "property damage," or "personal and advertising injury" as grantor of a franchise to you. SB146932G (10-19) Page 2 of 7 Copyright,CNA All Rights Reserved. SB 146932G (Ed. 10-19) d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury"takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for"bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury,"takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for "bodily injury,' 'property damage" or "personal and advertising injury" arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the "occurrence" giving rise to such "bodily injury" or "property damage" or the offense giving rise to such "personal and advertising injury,'takes place prior to the termination of such lease. The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for "bodily injury," "property damage" or "personal and advertising injury" arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for"bodily injury," "property damage"or"personal and advertising injury" arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners,or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance; or (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or government agency or subdivision or political subdivision; or (b) "Bodily injury" or "property damage" included within the 'products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract,"we will treat as a "written contract"any governmental permit that requires you to add the governmental entity as an additional insured. SB146932G (10-19) Page 3 of 7 Copyright,CNA All Rights Reserved. SB146922G (Ed. 10-19) i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom you are required to include as an additional insured, but only with respect to such person or organization's liability for "bodily injury,' "property damage," or "personal and advertising injury" caused by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a.through i. above. Such additional insured is an insured solely for "bodily injury," "property damage" or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions, The coverage granted by this paragraph does not apply to any person or organization. (1) For "bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering or failure to render any professional services; (2) For "bodily injury" or "property damage" included in the "products-completed operations hazard," But this provision(2)does not apply to such "bodily injury"or"property damage" if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract"; and (b) The 'written contract" requires you to make the person or organization an additional insured for such 'bodily injury"or "property damage"; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy, C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE 1. With respect only to additional insured coverage provided under paragraphs A.and B.above: a. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a °written contract" requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory 93 9 relative solely to insurance on which the additional insured is a named insured. b. Under Liability and Medical Expense Definitions,the following definition is added: S "Written contract" means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: (1) Is currently in effect or becomes effective during the term of this policy; and (2) Was executed prior to, (a) The "bodily Injury"or"property damage;"or (b) The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage.. 2. With respect to any additional insured added by this endorsement or by any other endorsement attached to this Coverage Part,the section entitled Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual,then his or her spouse is an insured; SB146932G (f 0-19) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are insureds; or e. Any type of entity, then its employees are insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Furthermore, employees of additional insureds are not insureds with respect to liability arising out of: (1) "Bodily injury' or "personal and advertising injury" to any fellow employee or to any natural person listed in paragraphs a.through d.above; (2) "Property damage'to property owned, occupied or used by their employer or by any fellow employee; or (3) Providing or failing to provide professional health care services. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply.. A. Bodily injury—Expanded Definition Under Liability and Medical Expenses Definitions, the definition of "Bodily injury" is deleted and replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury, sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a. and b. above apply to you or to any additional insured only when such "occurrence," offense, claim or"suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any"executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates, Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. S6146932G (10-19) Page 5 of 7 Copyright,CNA All Rights Reserved. SB146932G (Ed. 10-19) D. Fellow Employee First Aid Coverage In the section entitled Who Is An Insured, paragraph 2.a.1.is amended to add the following: The limitations described in subparagraphs 2.a.i.(a), (b) and (c) do not apply to your "employees" for "bodily injury" that results from providing cardiopulmonary resuscitation or other first aid services to a cc-"employee" or "volunteer worker" that becomes necessary while your "employee" is performing duties in the conduct of your business. Your "employees" are hereby insureds for such services. But the insured status conferred by this provision does not apply to "employees" whose duties in your business are to provide professional health care services or health examinations. E. Legal Liability—Damage To Premises 1. Under B.Exclusions,1.Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is replaced by the following: k. Damage To Property "Property damage"to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other parson, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because 'your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. & Paragraphs 1, 3, and 4, of this exclusion do not apply to "property damage" (other than damage by fire or explosion)to premises: (1) rented to you: R 0 (2) temporarily occupied by you with the permission of the owner, or 0 (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section d— Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4,5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. ,. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products- completed operations hazard," i 2. Under B. Exclusions, 1.Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury: Exclusions c,d,e,f,g,h, i, k,I, m,n,and o,do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D.Liability And Medical Expenses Limits Of Insurance. SB146932G (10-19) Page 6 of 7 Copyright,CNA All Rights Reserved. SB1469320 (Ed. 10-19) 3. The first Paragraph under item 5. Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of 'property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You Limit. The Damage to Premises Rented to You Limit is the greater of: a. $1,000,000; or b. The Damage to Premises Rented to You Limit shown in the Declarations. F. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer,' director, stockholder, partner, member or manager (if you are a limited liability company)of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured, 2. Under B. Exclusions, 1.Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising Injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. G. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of 'Personal and advertising injury" is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, fandlord or lessor. H. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932G (10-19) Page 7 of 7 Copyright,CNA All Rights Reserved. SB-146968-A CNA (Ed.01/06) Policy ## B6025654530 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the 4. The insurance provided to the additional insured Businessowners Liability Coverage Form is amended does not apply to "bodily injury," "property to include as an insured any person or organization damage," "personal and advertising injury" arising whom you are required to add as an additional insured out of an architect's, engineer's, or surveyor's on this policy under a written contract or written rendering of or failure to render any professional agreement; but the written contract or written services including: agreement must be: a. The preparing, approving, or failing to prepare 1. Currently in effect or becoming effective during the or approve maps, shop drawings, opinions, term of this policy; and reports, surveys, field orders, change orders 2. Executed prior to the bodily injury," "property or drawings and specifications by any damage,"or"personal and advertising injury." architect, engineer or surveyor performing services on a project of which you sere as B. The insurance provided to the additional insured is construction manager;or limited as follows: b. Inspection, supervision, quality control, 1. That person or organization is an additional engineering or architectural services done by insured solely for liability due to your negligence you on a project of which you serve as specifically resulting from "your work" for the construction manager. additional insured which is the subject of the 5. This insurance does not apply to "bodily injury," written contract or written agreement, No "property damage," or "personal and advertising coverage applies to liability resulting from the sole injury"arising out of: negligence of the additional insured. 2. The Limits of Insurance applicable to the a. The construction or demolition work while you additional insured are those specified in the are acting as a construction or demolition written contract or written agreement or in the contractor. This exclusion does not apply to Declarations of this policy, whichever is less. work done for or by you at your premises. These Limits of Insurance are inclusive of, and not C. BUSINESSOWNERS GENERAL LIABILITY in addition to, the Limits of Insurance shown in the CONDITIONS— Duties In The Event of Occurrence, Declarations. Offense, Claim or Suit (Section E.2.) of the 3. The coverage provided to the additional insured Businessowners Liability Coverage Form is amended within this endorsement and section titled to add the following: LIABILITY AND MEDICAL EXPENSE An additional insured under this endorsement will as DEFINITIONS — "Insured Contract" (Section soon as practicable: F.9.)within the Businessowners Liability Coverage 1. Give written notice of an occurrence or an offense Form, does not apply to"bodily injury"or"property to us which may result in a claim or "suit" under damage" arising out of the "products-completed this insurance; operations hazard" unless required by the written contract or written agreement. SB-146968-A Page 1 of 2 (Ed.01106) SB-146968-A (Ed. 01106) 2. Tender the defense and indemnity of any claim or against that "suit" If no other insurer defends, we "suit" to us for a loss we cover under this will undertake to do so, but we will be entitled to Coverage Part; the additional insured's rights against all those 3. Tender the defense and indemnity of any claim or other insurers. "suit" to any other insurer which also has When this insurance is excess over other insurance for a loss we cover under this Coverage insurance, we will pay only our share of the Part; and amount of the loss, if any, that exceeds the sum 4. Agree to make available any other insurance of. which the additional insured has for a loss we (a) The total amount that all such other insurance cover under this Coverage Part. would pay for the loss in the absence of this We have no duty to defend or indemnify an additional insurance; and insured under this endorsement until we receive (b) The total of all deductible and self-insured written notice of a claim or "suit" from the additional amounts under all that other insurance. insured. We will share the remaining loss, if any, with any 0. OTHER INSURANCE (Section H. 2. & 3.) of the other insurance that is not described in this Businessowners Common Policy Conditions are Excess Insurance provision and was not bought deleted and replaced with the following: specifically to apply in excess of the Limits of 2. This insurance is excess over any other insurance Insurance shown in the Declarations of this naming the additional insured as an insured Coverage Part. whether primary, excess, contingent or on any E. TRANSFER OF RIGHTS OF RECOVERY AGAINST other basis unless a written contract or written OTHERS TO US (Section K.2.) of the agreement specifically requires that this insurance Businessowners Common Policy Conditions is deleted be either primary or primary and noncontributing and replaced with the following: to the additional insured's own coverage. This 2. We waive any right of recovery we may have insurance is excess over any other insurance to against any person or organization against whom you which the additional insured has been added as have agreed to waive such right of recovery in a an additional insured by endorsement. written contract or agreement because of payments 3. When this insurance is excess, we will have no we make for injury or damage arising out of your duty under Coverages A or B to defend the ongoing operations or "your work" done under a additional insured against any "suit" if any other contract with that person or organization and included insurer has a duty to defend the additional insured within the"products-completed operations hazard." 4 m N a N S W S O SB-146968-A Page 2 of 2 (Ed. 01106) Policy#B6025654530 SB146902G CNA (Ed.6-16) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS SCHEDULE Insurance is provided only with respect to those coverages for which a specific limit is shown: COVERAGE LIMIT Hired Auto Liability: $ Non-owned Auto Liability: $ (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS A. COVERAGE With respect only to the Coverage(s) for which a limit is shown in the SCHEDULE above, the insurance provided under Coverage A.1. Business Liability for "bodily injury" and "property damage" also applies to "bodily injury" or "property damage"arising out of the maintenance or use of a: • "Hired auto"used by you or your"employee"in the course of your business; and/or • "Non-owned auto" used in the course of your business. Maintenance or use of a "non-owned auto" includes test driving in connection with an"auto business." With respect only to the coverage provided by this endorsement, under Coverages, coverage A.1. Business Liability is amended to: 1. Delete paragraph A.1.b.(1)(b)and replace it with the following: b. This insurance applies: (1) To"bodily injury"and "property damage"only if: (b) The"occurrence"occurs during the policy period;and 2. Delete paragraph A.1.b.(2),. B. LIMITS OF INSURANCE With respect only to the coverage provided by this endorsement, SECTION D. Liability And Medical Expenses r Limits of Insurance is deleted in its entirety and replaced with the following: D. Limits Of Insurance 1. Regardless of the number of: ® a. Insureds; b. Claims made or"suits"brought; c. Persons or organizations making claims or bringing"suits";or d. "Autos," the applicable Hired Auto Liability limit or Non-Owned Auto Liability limit shown in the Declarations is the most we will pay for damages under SECTION A. Coverages because of all "bodily injury"and "property damage" resulting from any one "occurrence" arising out of the maintenance or use of a "hired auto" or "non-owned auto." SB146902G(Ed. 6-16) Page 1 of 3 Copyright,CNA All Rights Reserved. 1469 CNA S (Ed.6o 6) C. EXCLUSIONS With respect only to the insurance provided by this endorsement: I. Under Exclusions, the paragraph entitled Applicable to Business Liability Coverage is amended to delete all exclusions except exclusions a., b., d.,e.,f.and i.and to add the following exclusions: This insurance does not apply to: • Fellow Employee "Bodily injury"to: (1) Any fellow "employee" of the insured arising out of and in the course of employment by the insured or while performing duties related to the conduct of the insured's business;or (2) The spouse, child, parent, brother or sister of that fellow "employee" while as a consequence of Paragraph(1)above. • Care,Custody or Control "Property Damage"to: (1) Property owned or being transported by,or rented or loaned to the insured;or (2) Property in the care,custody or control of the insured. D. WHO IS AN INSURED With respect only to the insurance provided by this endorsement,Who Is An Insured is replaced by the following: Each of the following is an insured under this insurance to the extent set forth below: 1. You; 2. Subject to paragraph 3.c. below, your"employee" while operating an "auto" hired or rented under a contract or agreement, with your permission, in that "employee's" name, while performing duties related to the conduct of your business. 3. Anyone else including any partner or"executive officer"of yours while using with your permission a"hired auto"or a"non-owned auto"except: a. The owner or lessee(of whom you are a sublessee)of a"hired auto" or the owner or lessee of a"non-owned auto"or any agent or"employee"of any such owner or lessee; b. Your"employee"if the covered "auto"is owned by that"employee"or a member of his or her household; c. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or"executive officer" with respect to any"auto" owned by such partner or officer or a member of his or her household; e. Any partner or"executive officer" with respect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; f. Any person while employed in or otherwise engaged in duties in connection with an "auto business," other than an"auto business"you operate; g. Anyone other than your "employees," partners, a lessee or borrower or any of their "employees," while moving property to or from a"hired auto"or a"non-owned auto";or 4. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1., 2.or 3.above. E. AMENDED DEFINITION The Definition of"insured contract"in Section F— Definitions isamended by the addition of the following exceptions to paragraph f.: SB146902G(Ed.6-16) Page 2 of 3 Copyright,CNA All Rights Reserved. CNA S (Ed.602G (Ed. -16) Paragraph f.does not include that part of any contract or agreement: • That pertains to the loan, lease or rental of an "auto" to you or any of your "employees," if the "auto" is loaned, leased or rented with a driver; or • That holds a person or organization engaged in the business of transporting property by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. F. ADDITIONAL DEFINITIONS Section F. Definitions is amended by the addition of the following definitions: a. "Auto Business"means the business or occupation of selling, repairing,servicing,storing or parking"autos." b. "Hired auto" means any"auto' you or your"employee" lease, hire, rent or borrow in the course of your business. This does not include: i. Any"auto"you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or ii. Any"auto" you lease, hire, rent or borrow from any of your"employees," partners, stockholders, or members of their households. c. "Non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of the 'occurrence." This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and scope of your business at the time of the'occurrence." If you are a sole proprietor, "non-owned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or personal affairs at the time of the'occurrence." G. With respect only to the operation of a "hired auto" or "non-owned auto," Paragraph H, of the Businessowners Common Policy Conditions is deleted and replaced with the following: H. Otherinsurance 1. Except for any liability assumed under an "insured contract"the insurance provided by this Coverage Form is excess over any other collectible insurance. However, if your business is the selling, servicing, repairing, parking or storage of "autos," the insurance provided by this endorsement is primary when covered "bodily injury" or"property damage" arises out of the operation of a customer's"auto"by you or your"employee." 2. When this Coverage Form and any other Coverage Form or policy covers on the same basis,either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. All other terms and conditions of the Policy remain unchanged. SB146902G(Ed.6-16) Page 3 of 3 Copyright,CNA All Rights Reserved. -,— tv.4. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 57 WEG AC20BW Endorsement Number: 001 Effective Date: 09/30/25 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Environment Planning Development Solutions Inc. 3333 Michelson Dr., Suite 500 Irvine CA 92612 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 shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE Any person or organization for whom you are required by contract or agreement to obtain this waiver from us. Endorsement is not applicable in KY, NH, NJ or for any MO construction risk Countersigned by Authorized Representative Form WC 00 03 13 Printed in U.S.A. Process Date: 10/03/25 Policy Expiration Date:09/30/26 Professional Liability and Pollution Incident Liability Insurance CNA Policy# EEH591923312 4. fully cooperate with the Insurer or the Insurer's designee in the defense of a claim, including but not limited to assisting the Insurer in; the conduct of suits or other proceedings, settlement negotiations, and the enforcement of any right of contribution or indemnity against another who may be liable to the Insured. The Insured shall attend hearings and trials and assist in securing evidence and obtaining the attendance of witnesses; 5. refuse, except solely at the Insured's own cost, to voluntarily make any payment, admit liability, assume any obligation, or incur any expense, without the Insurer's prior written approval; and 6. pay the deductible amount when due. After the Insured reports a circumstance or a claim is made and the Insured has the right under any contract to either reject or demand arbitration or other alternative dispute resolution process, the Insured shall only do so with the Insurer's prior written consent. C. The Insureds Rights and Duties in the Event of a Circumstance If the Insured reports a circumstance for which there may be coverage under this Policy, and the Insured gives the Insurer written notice containing as much detail as the Insured can reasonably provide regarding: 1. what happened and the professional services or activities the Insured performed; 2. the nature of any possible injury or damages; and 3. how and when the Insured first became aware of such circumstance, then any claim or related claims that subsequently may be made against the Insured arising out of such circumstance shall be deemed to have been made on the date the Insurer received written notice of the circumstance. The Insured will cooperate with the Insurer in addressing the circumstance, and refuse, except solely at the Insured's own cost, to voluntarily make any payment, admit liability, assume any obligation, or incur any expense without the Insurer's prior written approval. D. Subrogation If any Insured has rights to recover amounts from another, those rights are transferred to the Insurer to the extent of the Insurer's payment. The Insured must do everything necessary to secure these rights and must do nothing after a claim is made to jeopardize them. The Insurer hereby waives subrogation rights against any person or organization to the extent that the Named Insured has, prior to a wrongful act or circumstance, entered into a written agreement to waive such rights. E. Premium All premium charges under this Policy will be computed according to the rules, rates and rating plans that apply at the effective date of the current policy term- F. Examination and Audit The Insured agrees to allow the Insurer to examine and audit the Insured's financial books and records that relate to this insurance. The Insurer may do this at any time during the policy term or any extensions, and up to three years after the end of the policy term. G. Legal Action Limitation 1. The Insured agrees not to bring any legal action against the Insurer concerning this Policy unless the Insured has fully complied with all the provisions of this Policy. 2. If, after the final adjudication or settlement of a claim, there is any dispute concerning tort allegations against the Insurer regarding the handling or settlement of any claim, the Insured and the Insurer agree to submit such dispute to any form of alternative dispute resolution acceptable to both Form No:CNA79034XX(11-2022) Policy Na: EEH591923312 Policy Page 13 of 17 Policy Effective Date:09/30/2024 Underwriting Company:Continental Casualty Company Policy Page: 15 of 26 151 North Franklin Street,Chicago, IL 60606 Copyright CNA All Rights Reserved.