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HomeMy WebLinkAbout5M CONTRACTING, INC. (2)INSURANCE ON FILE WORK MAY PROCEED N-2023-293 UNTIL INSURANCE EXPIRES nt 01.. 1 %N- CITY CLERK DATE: 0'- N 10, QI°) CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ((,�UCobS>i 5M CONTRACTING, INC. TO PROVIDE ON -CALL HAZARDOUS MATERIALS TESTING AND ABATEMENT AND REMEDIATION SERVICES N THIS AGREEMENT is made and entered into on this 27th day of September, 2023 by and between 5M Contracting, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). ® RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of hazardous materials testing and abatement and remediation services on an on -call basis for the City's Human Resources Department/Risk Management Division. B. Consultant represents that it is able and willing to provide such services. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that are described in the scope of work, during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in "Scope of Services - Exhibit A", attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Schedule, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit B." The total compensation for services provided by Consultant shall not exceed $50,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page I of 9 c. Notwithstanding any contrary terms contained Consultant's fees shall not increase by more tha 3. TERM n This Agreement shall commence on September 27, 2023 and end on September 26, 2026, with the option for the City to grant up to two (2), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. if the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Page 2 of 9 Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000.00 per accident for bodily injury and property damage. (iii)Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (iv)Professional Liability Insurance with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: Page 3 of 9 (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 i 185 or both CG 20 10, CG 20 26, CO 20 33, or CG 20 38; and CG 2037 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii)Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv)Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by either the named insured or City. (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Page 4 of 9 (viii) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (ix)Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to Page 5 of 9 examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each Page 6 of 9 party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultant and/or contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 9 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Jennifer L. Hall City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P,O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Jason Motsick Executive Director Human Resources Department City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 To Consultant: 5M Contracting, Inc. 2681 Dow Ave., Unit C1 Tustin, CA 92780 Fax:714-730-1697 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the Page 8 of 9 N-2023-293 transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: 4JENNIFER .HA r APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney ,40NATHAN T. MART EZ Assistant City Attorney RECOMMENDED FOR APPROVAL: JASON MOTSICO Executive Director Human Resources Department CITY OF SANTA ANA Steven A. Mendoza Acting City Manager CONSULTANT: Title: Page 9 of 9 EXHIBIT A SCOPE OF SERVICES AGENCY NOTIFICATION: AQMD notification OSHA notification CONTAINMENT: Establish control of properties (caution/ asbestos tape) Create individual containments Establish negative air as needed Provide electricity and water Decontamination units FINAL CLEANING and WASTE: Remove and dispose of contaminated debris and/or material Final cleaning for visual clearance Waste bag -out Waste packaging Manifesting Disposal and transportation DOCUMENTATION: 5M Contracting report of final work Manifesting of waste Assemble owner response for "hazardous waste" Subject to the following stipulations: Abatement: Client will provide all necessary water and power unless otherwise provided above. Client will facilitate our work by removing all furniture and other items subject to damage or blocking access. Client will provide any necessary EPA numbers for disposal of hazardous waste. We will comply with all applicable regulatory requirements and provide all necessary agency notifications. We will not be liable for incidental damages caused to finishes by the work. Some staples and tape residue will be considered " incidental damage'. All work will be completed in a workmanlike manner according to standard practices, All abatement workers will be trained and certified to remove asbestos and/or lead. EXHIBIT B COMPENSATION Consultant's Fee Schedule including hourly rates, if applicable A CALIFORNIA COMPANY Fee Schedule: Jan1 22— December 3l 2023 Professional Services ($/hr): Principle Management (Design, Meetings, Reports) 175.00 Project Manager 150.00 Supervisor (labor or abatement) 95.00 PW 135.0090.00 Laborer (labor or abatement) PTV 135.00 Carpen entry try (Journeyman) 100.00 PW 145.00 Operator (Journeyman) 110.00 PW 170.00 Field Support .00 (to include office, clerical, etc.) Equipment Equipment Van $650.00 p/day (Standard hand tools of operations -transportation) Bobcat (with grapple) $550.00 p/day Mini -Ex (PC 138 — with thumb) $650.00 p/day PC200 (with thumb) $850.00 p/day Ozonation $45.00 p/hr Dehumidifiers $400.00 (weekly) Fans $225.00(weekly) Other Machinery Cost 15% Disposal Trash $225.00 p/ton Concrete $125.00 p/ton Asbestos $450.00$ p/ton Miscellaneous Mileage 50c P/Mile Miscellaneous Outside Services 15% Upwards 2681 Dow Avenue a Unit Cl 0 Tustin, CA 92780-4318 a (714) 730-6760 9 FAX (714) 730-1697 Client#: 2002815 SMCON Tracy Digitally signed ACORD.CERTIFICATE OF LIABILITY INSURANCE I D4aM%11VA.10.18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOL I CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endomement(s). PRODUCER ONTA CCT Christine Torrance NAME: USI Insurance Services LLC PHONE 602 666-4830 FAX 610 537-2283 E,d : ac, Na E 2375 E. Camelback Road, Suite 250 E-MAIL ADDRESS: christine.torrance@usi.com Phoenix, AZ 85016 INSURERS) AFFORDING COVERAGE NAIC # 877 468.6516 INSURER A: Everest Indemnity Insurance Company 10851 INSURED INSURER B : State Compensation Insurance Fund of CA 35076 5M Contracting Inc. Everest Denali Insurance Company INSURER L: P Y 16044 2681 Dow Ave, Suite C7 Tustin, CA 92780 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE INRL BA MD POLICY NUMBER MWODYEFF MWDOYEXP LIMITS A X COMMERCIAL GENERALLIABILITY X X EFlMLOO168231 1/01/2023 0110112024 EACHOCCURRENCE $2000,000 CLAIMS -MADE [X OCCUR PREMISES EdnocEnenca $50,000 X MED EXP (Any am person) $5,000 BIIPD:$5,000 PERSONAL B ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY J JECT LOC GENERAL AGGREGATE $3,000,000 PRODUCTS - COMP/OPAGG $3,000,000 $ OTHER: C AUTOMOBILE LIABILITY X X EFICA00046231 0110112023 01/01/202 Eee INEDtSINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per amitlent) -PROPERTY-DAMAGE $ X HIRED NON-0WNED AUTOS ONLY X AUTOS ONLY Per accident $ $ A UMBRELLA LIAR X OCCUR EF1C000125231 1/01/2023 01/01/2024 EACH OCCURRENCE $5000000 AGGREGATE s5,000,000 dX EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS LIABILITY V I R ANY PROPRIETOR/PARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED9 N/A X 9330685 1/01/2023 01/0112024 X PER OTH- E.L.EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If,, descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICYLIMIT I $1,000,000 A Professional Liab EFlMLOO168231 0110112023 01101/2024 $1,000,000/$5,000 Ded PL Retro Date: 1/24/95 A Contr Pollution EFlMLOO168231 1/01/2023 0110112024 $10,000,000/$5,000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mare space is required) General Liability, including completed operations, and Auto Liability include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder, only when there is a written contract or written agreement between the named insured and the certificate holder and with regard to work performed by or on behalf of the named insured. General Liability, Auto Liability and Workers Compensation provide a blanket Waiver of Subrogation in favor of the same, when required by written (See Attached Descriptions) City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S39709251/M38855218 y Ktalemaugelle¢IJIWOI , RENEWEO$APPROVEDBY: ACORD C ®; T4"y JAII& Risk Management Analyst POLICY NUMBER: EFlML00168 231 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 670 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION - ONGOING OPERATIONS This endorsement modifies insurance provided under the following: 1A940*19i1i1010TWAT"C613S01\i1:iiLluLWILI111111a11111111IbYKe051AMACel:8MAI:Ar SCHEDULE Blanket where required by written contract 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", "environmental damage' or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. All other terms and conditions of this Policy remain unchanged. ECG 24 670 08 18 Copyright, Everest Reinsurance Company 2018 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. R;>0eMw*ganed Milan. REVIEWED ra APPROVED BY: Risk Management Analyst Iasi IlL9A►LaLr1-.19V"7iIT, t4I1S11.1.1 M1 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 671 08 18 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: I�R��9r<Ke]P1�7_L�Ce]:b9��lrll:ZeLhri1_��1/_L�Y4J,YKi�r/�:LR1�71i1 SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations Blanket where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 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 a "pollution incident" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". All other terms and conditions of this Policy remain unchanged. ECG 24 671 08 18 Copyright, Everest Reinsurance Company 2018 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. rAkm mgenedDmiDn RE\nEwso& A°PRcvm Br. ® Risk Management An Ayst d. The "bodily injury," "property damage" or "cleanup cost" that has resulted or may result from the "pollution condition"; e. All available engineering information relating to the "pollution condition"; and f. Any other information that we deem reasonably necessary. In the event the insured provides such notice, all "claims" otherwise covered under Coverage F (Site Pollution Liability) that arise out of such "pollution condition" and are first made against an insured and reported to us within 5 years after the end of the "policy period" shall be deemed to have been first made against an insured and reported to us during the "policy period." 11. Economic And Trade Sanctions Any term or condition of this Policy in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control, shall be null and void. 12. Headings The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage. 13. Legal Action Against Insurer No person or organization shall have the right under this Policy to join us as a party, or otherwise bring us into a "suit" seeking damages from an insured, orto bring any action against us in connection with this Policy, unless as a condition precedent thereto all terms of this Policy have been fully complied with. 14. Other Insurance If other valid and collectible insurance is available for any "loss' subject to coverage under this Policy, our obligations are limited as follows: a. Primary Insurance Except as provided in Paragraph b. below, this insurance is primary. When this insurance is primary, our obligations are not affected unless any of the other insurance is also primary, in which case we will share with all other pdmary insurance by the method described in Paragraph c. below. However, in the event that an "insured contract" requires this insurance to be primary for any person or organization whom you agreed to insure and provided such person or organization is an insured under this Policy, this insurance will be primary and we will not seek contribution from any other insurance issued to such person or organization. b. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, contingent or on any other basis that is: (a) Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) A consolidated (wrap-up) insurance program that has been provided by the prime contractor/project manager or owner of the construction project in which you are involved; (d) Insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (e) Insurance applicable to "loss' arising out of the maintenance or use of aircraft, "autos" or watercraft. (2) Any other primary insurance available to you covering liability for damages arising out of premises, operations, or the products and completed operations, for which you have been added as an additional insured. (3) Any project -specific primary insurance available to you covering liability for damages arising out of "your work," for which you are an insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other insurer has a duty to defend, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. R�MwgenedD'aiimi `� Page 28 of 37 Copyright, Everest Reinsurance Company, 2022 ��■:��REnEweoSiwPeovmev Includes copyrighted material of Insurance Services Office, Inc. iIlJ T�cy 414 MMEMMIRused with its permission. Risk Management Analyst POLICY NUMBER: EF1 ML00168-231 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 669 08 18 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: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name of Person or Organization: 1. Where required by written Contract. 2. Any person or organization that is: a. An owner of real or personal property on which you are performing operations; or b. A contractor on whose behalf you are performing operations. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Paragraph 19. Subrogation of Section IV — Conditions 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 injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the 'products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. ECG 24 669 08 18 Copyright, Everest Reinsurance Company, 2018 Includes copyrighted material of Insurance Services Office, Inc.D;�o used with its permission. REviEWED &APPROVED IN. 74" J" ® Risk Management Analyst POLICY NUMBER: EF1ML00168-231 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 673 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PER PROJECT(S) GENERAL AGGREGATE LIMIT WITH CAP This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Designated Project(s): ALL PROJECTS WHERE REQUIRED BY WRITTEN CONTRACT Designated Project General Aggregate Limit With Cap: $6,000,000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences' under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to operations at a single designated project shown in the Schedule above: 1. A separate Designated Project General Aggregate Limit applies to each designated project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. However, the separate Designated Project General Aggregate Limit(s) are subject to a Designated Project General Aggregate Limit Cap in the amount shown in the above Schedule of this endorsement. The Designated Project General Aggregate Limit Cap is the most we will pay under the Designated Project General Aggregate Limit for all designated projects combined. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of 'bodily injury" or "property damage" included in the "products - completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. "Claims" made or "suits' brought; or c. Persons or organizations making "claims" or bringing "suits'. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Project General Aggregate Limit for that designated project and the Designated Project General Aggregate Limit Cap. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated project shown in the Schedule above. However, such payments for damages and medical expenses included in the Designated Project General Aggregate Limit for all designated projects combined will reduce the Designated Project General Aggregate Limit Cap. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. tu�Mw�,ana:� ECG 24 673 08 18 Copyright, Everest Reinsurance Company, 2018 ��RmEWED&APPRovEDBr. Includes copyrighted material of Insurance Services Office, Inc. ` iA�_ILL' T4" J,uor:z used with its permission. Risk Management Analyst B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to operations at a single designated project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any pay- ments for damages because of "bodily injury" or 'property damage" included in the "products -completed op- erations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Project General Aggregate Limit. D. If the applicable designated project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same project. E. The provisions of Section III — Limits Of Liability And Deductible not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of this Policy remain unchanged. „� w�t�erotn;�:� Page 2 of 2 Copyright, Everest Reinsurance Company, 2018 REwEwEn&APPeovt . Includes copyrighted material of Insurance Services Office, Inc. Tay dFca'n used with its permission. Risk Mrnagement Anatyst POLICYNUMBER: EFICA00046231 COMMERCIAL AUTO CA 20 4810 13 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 ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT WITH THE NAMED INSURED TO BE NAMED AS AN ADDITIONAL INSURED ON THIS POLICY WITH REGARD TO THEIR OPERATION, MAINTENANCE, OR USE OF A COVERED "AUTO". THE WRITTEN CONTRACT MUST BE SIGNED PRIOR TO THE DATE OF THE "ACCIDENT". 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 4810 13 © Insurance Services Office, Inc.,2011 INSURED COPY &APPROVEDIM �,,II``Y �-REV�ED* 60111 T Jam« ® Risk Management Analyst ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION REP D1 BLANKET BASIS 9330685-23 NEW NA 5-43-90-02 PAGE 1 HOME OFFICE SAN FRANCISCO EFFECTIVE JANUARY 1, 2023 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING JANUARY 1, 2024 AT 12.01 A.M. AT 12,01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME 5M CONTRACTING INC 2681 DOW AVE STE Cl TUSTIN, CA 92780 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 WORE UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. 4*4@02491001D ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: JANUARY 18, 2023 "MmVwwdDiv� /J R�Ewm S ApmR Br. 2572 / Risk PAnnagement Matyst AUTHORIZED REPRESEN/� TA'fIVE PRESIDENT AND CEC - SCIF FORM 10217 IREVA-201M uw ur ci, 711/25/2025 E(MM/DD/YYYY) ACOR" 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: Jessica Lund The Baldwin Group West, LLC PHONE FAX 15901 Red Hill Ave, Ste 100 vC No Ext: 714-824-8366 A/c,No):(714)573-1770 E-MTustin CA 92780 ADDRESS: jessica.lund@baldwin.com INSURER(S)AFFORDING COVERAGE NAIC# License#:OF69771 INSURERA: Everest Indemnity Insurance Co 10851 INSURED CARDENV-01 INSURERB: State Compensation Insurance F 35076 5M Contracting Inc. 2681 Dow Ave. Ste C1 INsuRERc: Everest National Insurance Com 10120 Tustin CA 92780 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:495414129 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y EF4CE00134-251 1/1/2025 1/1/2026 EACH OCCURRENCE $2,000,000 DAMAGES( RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) ccurrence) $50,000 X BI/PD:$5,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 PRO- POLICY� ECT1:1 LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y EF4CA00561-251 1/1/2025 1/1/2026 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 X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A UMBRELLA LAB X OCCUR EF4XS00154-251 1/1/2025 1/1/2026 EACH OCCURRENCE $5,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION Y 9330685-25 1/1/2025 1/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FY] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Contractor Pollution EF4CE00134-251 1/1/2025 1/1/2026 Limit/Deductible $10,000,000/$5,000 A Professional Liability EF4CE00134-251 1/1/2025 1/1/2026 Limit/Deductible $1,000,000/$5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) A Waiver of Subrogation in favor of the City of Santa Ana, its City Council,officers,officials,employees,agents,and volunteers applies to General Liability, Commercial Auto, Pollution, Professional Liability,and Workers Compensation if required by written contract,and subject to terms,conditions,and exclusions of the policy. Coverage is provided on a Primary& Non-Contributory basis on the General Liability, Pollution,and Professional Liability,if required by written contract and subject to terms,conditions and exclusions of the policy. City of Santa Ana, its City Council,officers,officials,employees,agents,and volunteers are included as an Additional Insured with respect to General Liability, Commercial Auto, Pollution,and Professional Liability if required by written contract and subject to terms,conditions,and exclusions of the policy. 30-day notice of cancellation,except for nonpayment of premium-in regard General Liability, Commercial Auto, Pollution,and Professional Liability policies CERTIFICATE HOLDER APPROVED CANCELLATION By Tu Tran Nguyen at 12:24 pm,Dec 09,2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana DigitsTranlly signed ACCORDANCE WITH THE POLICY PROVISIONS. Y TU Tran by Tu Tran 20 Civic Center Plaza Nguyen Santa Ana CA 92701 NguyenDate:2025.12D9 AUTHORIZED REPRESENTATIVE 12:24:52-08'00' Y' @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Policy No. EF4CA00561-251 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or deliv- c. Recommend changes. ering to us advance written notice of cancella- 2. We are not obligated to make any inspections, tion. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliver- such actions we do undertake relate only to fin- ing to the first Named Insured written notice of surability and the premiums to be charged. We cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancella- dertake to perform the duty of any person or tion if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public. And we do not war- rant that conditions: b. 30 days before the effective date of cancella- tion if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply 4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rats. If the first to any inspections, surveys, reports or recom- mendationsNamed Insured cancels, the refund may be less we may make relative to certifica- than pro rats. The cancellation will be effective tion, under state or municipal statutes, ordi- even if we have not made or offered a refund. nances or regulations, of boilers, pressure ves- sels or elevators. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. E. Premiums B. Changes The first Named Insured shown in the Declara- tions: This policy contains all the agreements between you and us concerning the insurance afforded. 1. Is responsible for the payment of all premiums; The first Named Insured shown in the Declarations and is authorized to make changes in the terms of this 2. Will be the payee for any return premiums we policy with our consent. This policy's terms can be pay. amended or waived only by endorsement issued F. Transfer Of Your Rights And Duties Under This by us and made a part of this policy. Policy C. Examination Of Your Books And Records Your rights and duties under this policy may not We may examine and audit your books and re- be transferred without our written consent except cords as they relate to this policy at any time dur- in the case of death of an individual named fin- ing the policy period and up to three years after- sured. ward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while 1. We have the right to: acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 1198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ INSURED COPY Policy No. EF4CE00134-251 COMMON POLICY CONDITIONS - CALIFORNIA All Coverage Parts included in this policy are subject to the following conditions and supersede any similar condition contained in this policy. A. Cancellation a. Make inspections and surveys at any 1. The first Named Insured shown in the time; Declarations may cancel this policy by b. Give you reports on the conditions we mailing or delivering to us advance written find; and notice of cancellation. c. Recommend changes. 2. We may cancel this policy by mailing or 2. We are not obligated to make any delivering to the first Named Insured written inspections, surveys, reports or notice of cancellation at least: recommendations and any such actions we a. 10 days before the effective date of do undertake relate only to insurability and cancellation if we cancel for the premiums to be charged. We do not nonpayment of premium; or make safety inspections. We do not b. 30 days before the effective date of undertake to perform the duty of any person cancellation if we cancel for any other or organization to provide for the health or reason. safety of workers or the public. And we do not warrant that conditions: 3. We will mail or deliver our notice to the first Named Insured's last mailing address a. Are safe or healthful; or known to us. b. Comply with laws, regulations, codes or 4. Notice of cancellation will state the effective standards. date of cancellation. The policy period will 3. Paragraphs 1. and 2. of this condition apply end on that date. not only to us, but also to any rating, 5. If this policy is cancelled, we will send the advisory, rate service or similar first Named Insured any premium refund organization which makes insurance due. If we cancel, the refund will be pro inspections, surveys, reports or rata. If the first Named Insured cancels, the recommendations. refund may be less than pro rata. The 4. Paragraph 2. of this condition does not cancellation will be effective even if we apply to any inspections, surveys, reports have not made or offered a refund. or recommendations we may make relative 6. If notice is mailed, proof of mailing will be to certification, under state or municipal sufficient proof of notice. statutes, ordinances or regulations, of B. Changes boilers, pressure vessels or elevators. E. Premiums This policy contains all the agreements between you and us concerning the insurance The first Named Insured shown in the afforded. The first Named Insured shown in Declarations: the Declarations is authorized to make 1. Is responsible for the payment of all changes in the terms of this policy with our premiums; and consent. This policy's terms can be amended 2. Will be the payee for any return premiums or waived only by endorsement issued by us we pay. and made a part of this policy. F. Transfer Of Your Rights And Duties Under C. Examination Of Your Books And Records This Policy We may examine and audit your books and Your rights and duties under this policy may records as they relate to this policy at any time not be transferred without our written consent during the policy period and up to three years except in the case of death of an individual afterward. named insured. D. Inspections And Surveys 1. We have the right to: EIL 00 745 09 18 Copyright, Everest Reinsurance Co., 2018 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:EF4CE00134-251 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 673 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PER PROJECT(S) GENERAL AGGREGATE LIMIT WITH CAP This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Designated Project(s): ALL PROJECTS WHERE REQUIRED BY WRITTEN CONTRACT Designated Project General Aggregate Limit With Cap: $6,000,000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to operations at a single designated project shown in the Schedule above: 1. A separate Designated Project General Aggregate Limit applies to each designated project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. However, the separate Designated Project General Aggregate Limit(s) are subject to a Designated Project General Aggregate Limit Cap in the amount shown in the above Schedule of this endorsement. The Designated Project General Aggregate Limit Cap is the most we will pay under the Designated Project General Aggregate Limit for all designated projects combined. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. "Claims" made or"suits" brought; or c. Persons or organizations making "claims" or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Project General Aggregate Limit for that designated project and the Designated Project General Aggregate Limit Cap. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated project shown in the Schedule above. However, such payments for damages and medical expenses included in the Designated Project General Aggregate Limit for all designated projects combined will reduce the Designated Project General Aggregate Limit Cap. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. ECG 24 673 08 18 Copyright, Everest Reinsurance Company, 2018 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to operations at a single designated project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any pay- ments for damages because of "bodily injury" or "property damage" included in the "products-completed op- erations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Project General Aggregate Limit. D. If the applicable designated project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same project. E. The provisions of Section III — Limits Of Liability And Deductible not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of this Policy remain unchanged. Page 2 of 2 Copyright, Everest Reinsurance Company, 2018 ECG 24 673 08 18 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. POLICY NUMBER: EF4CE00134-251 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 671 08 18 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: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Or anization s : Operations Blanket where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to 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 a "pollution incident' caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this Policy remain unchanged. ECG 24 671 08 18 Copyright, Everest Reinsurance Company 2018 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Policy# EF4CE00134-251 CONTRACTORS EVEREST ENVIRONMENTAL PLUS ECG 00 595 10 22 d. The "bodily injury," "property damage" or"cleanup cost" that has resulted or may result from the "pollution condition"; e. All available engineering information relating to the "pollution condition"; and f. Any other information that we deem reasonably necessary. In the event the insured provides such notice, all "claims" otherwise covered under Coverage F (Site Pollution Liability) that arise out of such "pollution condition" and are first made against an insured and reported to us within 5 years after the end of the "policy period" shall be deemed to have been first made against an insured and reported to us during the "policy period." 11. Economic And Trade Sanctions Any term or condition of this Policy in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control, shall be null and void. 12. Headings The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage. 13. Legal Action Against Insurer No person or organization shall have the right under this Policy to join us as a party, or otherwise bring us into a"suit"seeking damages from an insured,or to bring any action against us in connection with this Policy, unless as a condition precedent thereto all terms of this Policy have been fully complied with. 14. Other Insurance If other valid and collectible insurance is available for any "loss" subject to coverage under this Policy, our obligations are limited as follows: a. Primary Insurance Except as provided in Paragraph b. below, this insurance is primary. When this insurance is primary, our obligations are not affected unless any of the other insurance is also primary, in which case we will share with all other primary insurance by the method described in Paragraph c. below. However, in the event that an "insured contract" requires this insurance to be primary for any person or organization whom you agreed to insure and provided such person or organization is an insured under this Policy, this insurance will be primary and we will not seek contribution from any other insurance issued to such person or organization. b. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, contingent or on any other basis that is: (a) Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for"your work"; (b) Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) A consolidated (wrap-up) insurance program that has been provided by the prime contractor/project manager or owner of the construction project in which you are involved; (d) Insurance purchased by you to cover your liability as a tenant for"property damage"to premises rented to you or temporarily occupied by you with permission of the owner; or (e) Insurance applicable to "loss" arising out of the maintenance or use of aircraft, "autos" or watercraft. (2) Any other primary insurance available to you covering liability for damages arising out of premises, operations,or the products and completed operations,for which you have been added as an additional insured. (3) Any project-specific primary insurance available to you covering liability for damages arising out of "your work,"for which you are an insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other insurer has a duty to defend, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Page 28 of 37 Copyright, Everest Reinsurance Company, 2022 ECG 00 595 10 22 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. POLICYNUMBER: EF4CA00561251 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): CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 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 POLICY NUMBER: EF4CA00561251 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: CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 (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 POLICY NUMBER: EVEREST CONTRACTORS ENVIRONMENTAL PLUS EF4CE00134-251 ECG 24 670 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION - ONGOING OPERATIONS This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers 20 Civic Center Plaza Santa Ana, CA 92701 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 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", "environmental damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. All other terms and conditions of this Policy remain unchanged. ECG 24 670 08 18 Copyright, Everest Reinsurance Company 2018 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. POLICY NUMBER: EF4CE00134-251 CONTRACTORS EVEREST ENVIRONMENTALPLUS 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: CONTRACTORS EVEREST ENVIRONMENTALPLUS COVERAGE PART® SCHEDULE Name Of Additional Insured Person(s)Or Location And Description Of Completed Organization(s): Operations City of Santa Ana, its City Council, officers, officials, 20 Civic Center Plaza employees, agents, and volunteers Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. 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"environmental damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this Policy remain unchanged. ECG 24 671 10 23 Copyright Everest Reinsurance Company 2023 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. POLICY NUMBER: EF4CE00134-251 CONTRACTORS EVEREST ENVIRONMENTALPLUS 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: CONTRACTORS EVEREST ENVIRONMENTALPLUS COVERAGE PART® SCHEDULE Name of Person or Organization: city of Santa Ana,its City Council,officers,officials,employees,agents, and volunteers 20 Civic Center Plaza,Santa Ana,CA 92701 Any person or organization that is: 1. An owner of real or personal property on which you are performing operations; or 2. A contractor on whose behalf you are performing operations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Subrogation Condition under Section IV—Conditions 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 injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the"products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. ECG 24 669 10 23 Copyright Everest Reinsurance Company 2023 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. STATE Endorsement Agreement COMPENSATION INSURANCE Waiver of Subrogation FUND 9330685-2025 Home Office Renewal San Francisco SP All Effective Dates are 5-43-90-02 at 12:01 AM Pacific Page 1 of 1 Standard Time or the Time Indicated at Effective November 20, 2025 at 12:01 AM Pacific Standard Time and Expiring January 1, 2026 at 12:01 AM 5M CONTRACTING INC 2681 DOW AVE STE C1 TUSTIN, CA 92780-7244 Anything in this policy to the contrary notwithstanding, it is agreed that the State Compensation Insurance Fund waives any right of subrogation against, City of Santa Ana which might arise by reason of any payment under this policy in connection with work performed by, 5M CONTRACTING INC It is further agreed that the insured shall maintain payroll records accurately segregating the remuneration of employees while engaged in work for the above employer. It is further agreed that premium on the earning of such employees shall be increased by 3.00%. Nothing in this endorsement shall be held to vary, alter,waive or extend any of the terms, conditions, agreements, or limitations of this policy other than as above stated.Nothing elsewhere in this policy shall be held to vary, alter,waive or limit the terms,conditions, agreements or limitations in this endorsement. Countersigned and Issued at San Francisco November 22, 2025 2570 Authorized Representative President and CEO SF—END Rev.2/2025 OLD DP 217 71/5/2026 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jessica Lund The Baldwin Group West, LLC PHONE FAX 15901 Red Hill Ave, Ste 100 vC No Ext: 714-824-8366 A/c,No):(714)573-1770 E-MTustin CA 92780 ADDRESS: jessica.lund@baldwin.com INSURER(S)AFFORDING COVERAGE NAIC# License#:OF69771 INSURERA: Everest Indemnity Insurance Co 10851 INSURED CARDENV-01 INSURERB: State Compensation Insurance F 35076 5M Contracting Inc. 2681 Dow Ave. Ste C1 INsuRERc: Everest National Insurance Com 10120 Tustin CA 92780 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1232831392 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y EF4CE00134-261 1/1/2026 1/1/2027 EACH OCCURRENCE $2,000,000 DAMAGES( RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) ccurrence) $50,000 X BI/PD:$5,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 PRO- POLICY� ECT1:1 LOC PRODUCTS-COMP/OP AGG $3,000,000 OTHER: $ C AUTOMOBILE LIABILITY Y Y EF4CA00561-261 1/1/2026 1/1/2027 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 A UMBRELLA LAB X OCCUR EF4XS00154-261 1/1/2026 1/1/2027 EACH OCCURRENCE $5,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION Y 9330685-2026 1/1/2026 1/1/2027 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FY] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Contractor Pollution EF4CE00134-261 1/1/2026 1/1/2027 Limit/Deductible $10,000,000/$5,000 A Professional Liability EF4CE00134-261 1/1/2026 1/1/2027 Limit/Deductible $1,000,000/$5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) A Waiver of Subrogation in favor of the City of Santa Ana, its City Council,officers,officials,employees,agents,and volunteers applies to General Liability, Commercial Auto, Pollution, Professional Liability,and Workers Compensation if required by written contract,and subject to terms,conditions,and exclusions of the policy. Coverage is provided on a Primary& Non-Contributory basis on the General Liability, Pollution,and Professional Liability,if required by written contract and subject to terms,conditions and exclusions of the policy. City of Santa Ana, its City Council,officers,officials,employees,agents,and volunteers are included as an Additional Insured with respect to General Liability, Commercial Auto, Pollution,and Professional Liability if required by written contract and subject to terms,conditions,and exclusions of the policy. 30-day notice of cancellation,except for nonpayment of premium-in regard General Liability, Commercial Auto, Pollution,and Professional Liability policies CERTIFICATE HOLDER 17APP!ROWED CANCELLATION TTran Nguyen at 2:28 pm,Jan 05,2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Digitally signed THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Tu Tran byTuTran ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Nguyen 20 Civic Center Plaza Nguyen Date:2026.01.05 Santa Ana CA 92701 14:28:43-08'00' AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE Policy No. EF4CA00561-261 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A Cancellation b. Give you reports on the conditions we find; 1. The first Named Insured shown in the Declara- and tions may cancel this policy by mailing or deliv- c. Recommend changes. ering to us advance written notice of cancella- 2. We are not obligated to make any inspections, tion. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliver- such actions we do undertake relate only to fin- ing to the first Named Insured written notice of surability and the premiums to be charged. We cancellation at least: do not make safety inspections. We do not un- a. 10 days before the effective date of cancella- dertake to perform the duty of any person or tion if we cancel for nonpayment of pre- organization to provide for the health or safety mium; or of workers or the public. And we do not war- rant that conditions: b. 30 days before the effective date of cancella- tion if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named Insured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply 4. Notice of cancellation will state the effective not only to us, but also to any rating, advisory, date of cancellation. The policy period will end rate service or similar organization which on that date. makes insurance inspections, surveys, reports or recommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we 4. Paragraph 2. of this condition does not apply cancel, the refund will be pro rats. If the first to any inspections, surveys, reports or recom- mendationsNamed Insured cancels, the refund may be less we may make relative to certifica- than pro rats. The cancellation will be effective tion, under state or municipal statutes, ordi- even if we have not made or offered a refund. or regulations, of boilers, pressure ves- sels ls or elevators. 6. If notice is mailed, proof of mailing will be suffi- cient proof of notice. E. Premiums B. Changes The first Named Insured shown in the Declara- tions: This policy contains all the agreements between you and us concerning the insurance afforded. 1. Is responsible for the payment of all premiums; The first Named Insured shown in the Declarations and is authorized to make changes in the terms of this 2. Will be the payee for any return premiums we policy with our consent. This policy's terms can be pay. amended or waived only by endorsement issued F. Transfer Of Your Rights And Duties Under This by us and made a part of this policy. Policy C. Examination Of Your Books And Records Your rights and duties under this policy may not We may examine and audit your books and re- be transferred without our written consent except cords as they relate to this policy at any time dur- in the case of death of an individual named fin- ing the policy period and up to three years after- sured. ward. If you die, your rights and duties will be trans- D. Inspections And Surveys ferred to your legal representative but only while 1. We have the right to: acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- a. Make inspections and surveys at any time; pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 00 17 1198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 ❑ INSURED COPY Policy No. EF4CE00134-261 COMMON POLICY CONDITIONS - CALIFORNIA All Coverage Parts included in this policy are subject to the following conditions and supersede any similar condition contained in this policy. A. Cancellation a. Make inspections and surveys at any 1. The first Named Insured shown in the time; Declarations may cancel this policy by b. Give you reports on the conditions we mailing or delivering to us advance written find; and notice of cancellation. c. Recommend changes. 2. We may cancel this policy by mailing or 2. We are not obligated to make any delivering to the first Named Insured written inspections, surveys, reports or notice of cancellation at least: recommendations and any such actions we a. 10 days before the effective date of do undertake relate only to insurability and cancellation if we cancel for the premiums to be charged. We do not nonpayment of premium; or make safety inspections. We do not b. 30 days before the effective date of undertake to perform the duty of any person cancellation if we cancel for any other or organization to provide for the health or reason. safety of workers or the public. And we do not warrant that conditions: 3. We will mail or deliver our notice to the first Named Insured's last mailing address a. Are safe or healthful; or known to us. b. Comply with laws, regulations, codes or 4. Notice of cancellation will state the effective standards. date of cancellation. The policy period will 3. Paragraphs 1. and 2. of this condition apply end on that date. not only to us, but also to any rating, 5. If this policy is cancelled, we will send the advisory, rate service or similar first Named Insured any premium refund organization which makes insurance due. If we cancel, the refund will be pro inspections, surveys, reports or rata. If the first Named Insured cancels, the recommendations. refund may be less than pro rata. The 4. Paragraph 2. of this condition does not cancellation will be effective even if we apply to any inspections, surveys, reports have not made or offered a refund. or recommendations we may make relative 6. If notice is mailed, proof of mailing will be to certification, under state or municipal sufficient proof of notice. statutes, ordinances or regulations, of B. Changes boilers, pressure vessels or elevators. E. Premiums This policy contains all the agreements between you and us concerning the insurance The first Named Insured shown in the afforded. The first Named Insured shown in Declarations: the Declarations is authorized to make 1. Is responsible for the payment of all changes in the terms of this policy with our premiums; and consent. This policy's terms can be amended 2. Will be the payee for any return premiums or waived only by endorsement issued by us we pay. and made a part of this policy. F. Transfer Of Your Rights And Duties Under C. Examination Of Your Books And Records This Policy We may examine and audit your books and Your rights and duties under this policy may records as they relate to this policy at any time not be transferred without our written consent during the policy period and up to three years except in the case of death of an individual afterward. named insured. D. Inspections And Surveys 1. We have the right to: EIL 00 745 09 18 Copyright, Everest Reinsurance Co., 2018 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:EF4CE00134-261 EVEREST CONTRACTORS ENVIRONMENTAL PLUS ECG 24 673 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PER PROJECT(S) GENERAL AGGREGATE LIMIT WITH CAP This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Designated Project(s): ALL PROJECTS WHERE REQUIRED BY WRITTEN CONTRACT Designated Project General Aggregate Limit With Cap: $6,000,000 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which can be attributed only to operations at a single designated project shown in the Schedule above: 1. A separate Designated Project General Aggregate Limit applies to each designated project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. However, the separate Designated Project General Aggregate Limit(s) are subject to a Designated Project General Aggregate Limit Cap in the amount shown in the above Schedule of this endorsement. The Designated Project General Aggregate Limit Cap is the most we will pay under the Designated Project General Aggregate Limit for all designated projects combined. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. "Claims" made or"suits" brought; or c. Persons or organizations making "claims" or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Project General Aggregate Limit for that designated project and the Designated Project General Aggregate Limit Cap. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Project General Aggregate Limit for any other designated project shown in the Schedule above. However, such payments for damages and medical expenses included in the Designated Project General Aggregate Limit for all designated projects combined will reduce the Designated Project General Aggregate Limit Cap. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. ECG 24 673 08 18 Copyright, Everest Reinsurance Company, 2018 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. B. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to operations at a single designated project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Project General Aggregate Limit. C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any pay- ments for damages because of "bodily injury" or "property damage" included in the "products-completed op- erations hazard" will reduce the Products-completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Project General Aggregate Limit. D. If the applicable designated project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same project. E. The provisions of Section III — Limits Of Liability And Deductible not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of this Policy remain unchanged. Page 2 of 2 Copyright, Everest Reinsurance Company, 2018 ECG 24 673 08 18 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. Policy# EF4CE00 1 34-26 1 CONTRACTORS EVEREST ENVIRONMENTAL PLUS ECG 00 595 10 22 d. The "bodily injury," "property damage" or"cleanup cost" that has resulted or may result from the "pollution condition"; e. All available engineering information relating to the "pollution condition"; and f. Any other information that we deem reasonably necessary. In the event the insured provides such notice, all "claims"otherwise covered under Coverage F (Site Pollution Liability) that arise out of such "pollution condition" and are first made against an insured and reported to us within 5 years after the end of the "policy period" shall be deemed to have been first made against an insured and reported to us during the "policy period." 11. Economic And Trade Sanctions Any term or condition of this Policy in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control, shall be null and void. 12. Headings The descriptions in the headings of this Policy are solely for convenience, and form no part of the terms and conditions of coverage. 13. Legal Action Against Insurer No person or organization shall have the right under this Policy to join us as a party, or otherwise bring us into a"suit"seeking damages from an insured,or to bring any action against us in connection with this Policy, unless as a condition precedent thereto all terms of this Policy have been fully complied with. 14. Other Insurance If other valid and collectible insurance is available for any "loss" subject to coverage under this Policy, our obligations are limited as follows: a. Primary Insurance Except as provided in Paragraph b. below, this insurance is primary. When this insurance is primary, our obligations are not affected unless any of the other insurance is also primary, in which case we will share with all other primary insurance by the method described in Paragraph c. below. However, in the event that an"insured contract" requires this insurance to be primary for any person or organization whom you agreed to insure and provided such person or organization is an insured under this Policy, this insurance will be primary and we will not seek contribution from any other insurance issued to such person or organization. b. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, contingent or on any other basis that is: (a) Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for"your work"; (b) Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) A consolidated (wrap-up) insurance program that has been provided by the prime contractor/project manager or owner of the construction project in which you are involved; (d) Insurance purchased by you to cover your liability as a tenant for"property damage"to premises rented to you or temporarily occupied by you with permission of the owner; or (e) Insurance applicable to "loss" arising out of the maintenance or use of aircraft, "autos" or watercraft. (2) Any other primary insurance available to you covering liability for damages arising out of premises, operations,or the products and completed operations,for which you have been added as an additional insured. (3) Any project-specific primary insurance available to you covering liability for damages arising out of "your work,"for which you are an insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other insurer has a duty to defend, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Page 28 of 37 Copyright, Everest Reinsurance Company, 2022 ECG 00 595 10 22 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. POLICYNUMBER: EF4CA00561261 COMMERCIAL AUTO CA 20 481013 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): CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 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 A.1. 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 POLICY NUMBER: EF4CA00561261 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: CITY OF SANTA ANA, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 (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 ❑ Includes copyrighted material of Insurance Services Office, Inc., used with its permission. INSURED COPY POLICY NUMBER: EVEREST CONTRACTORS ENVIRONMENTAL PLUS EF4CE00134-261 ECG 24 670 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION - ONGOING OPERATIONS This endorsement modifies insurance provided under the following: EVEREST CONTRACTORS ENVIRONMENTAL PLUS COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers 20 Civic Center Plaza Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "environmental damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. All other terms and conditions of this Policy remain unchanged. ECG 24 670 08 18 Copyright, Everest Reinsurance Company 2018 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. POLICY NUMBER: EF4CE00134-261 CONTRACTORS EVEREST ENVIRONMENTALPLUS 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: CONTRACTORS EVEREST ENVIRONMENTALPLUS COVERAGE PART® SCHEDULE Name Of Additional Insured Person(s) Or Location And Description Of Completed Organ ization s : Operations City of Santa Ana, its City Council, officers, officials, 20 Civic Center Plaza employees, agents, and volunteers Santa Ana, CA 92701 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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"environmental damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". All other terms and conditions of this Policy remain unchanged. ECG 24 671 10 23 Copyright Everest Reinsurance Company 2023 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. POLICY NUMBER: EF4CE00134-261 CONTRACTORS EVEREST ENVIRONMENTALPLUS 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: CONTRACTORS EVEREST ENVIRONMENTALPLUS COVERAGE PART® SCHEDULE Name of Person or Organization: City of Santa Ana,its City Council,officers,officials,employees,agents, and volunteers 20 Civic Center Plaza,Santa Ana, CA 92701 Any person or organization that is: 1. An owner of real or personal property on which you are performing operations; or 2. A contractor on whose behalf you are performing operations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Subrogation Condition under Section IV—Conditions 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 injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions of this Policy remain unchanged. ECG 24 669 10 23 Copyright Everest Reinsurance Company 2023 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. used with its permission. STATE Endorsement Agreement COMPENSATION Waiver of Subrogation FUND 9330685-2026 Home Office Renewal San Francisco SP All Effective Dates are 5-43-90- at 12:01 AM Pacific 02Page 1 of 1 Standard Time or the Time Indicated at Effective January 1, 2026 at 12:01 AM Pacific Standard Time and Expiring January 1, 2027 at 12:01 AM 5M CONTRACTING INC 2681 DOW AVE STE CI TUSTIN, CA 92780-7244 Anything in this policy to the contrary notwithstanding, it is agreed that the State Compensation Insurance Fund waives any right of subrogation against, City of Santa Ana which might arise by reason of any payment under this policy in connection with work performed by, 5M CONTRACTING INC It is further agreed that the insured shall maintain payroll records accurately segregating the remuneration of employees while engaged in work for the above employer. It is further agreed that premium on the earning of such employees shall be increased by 3.00%. Nothing in this endorsement shall be held to vary, alter, waive or extend any of the terms, conditions, agreements,or limitations of this policy other than as above stated.Nothing elsewhere in this policy shall be held to vary,alter, waive or limit the terms, conditions, agreements or limitations in this endorsement. Countersigned and Issued at San Francisco November 22,2025 2570 Authorized Representative President and CEO SF-END Rev.2/2025 OLD DP 217