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DE NOVO PLANNING GROUP (4)
A-2023-194-05 INSURANCE NOT ON FILE WORK MAY ON PROCEED CITY CLERK DATE: ApR O 9 2024 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL AND PLANNING SERVICES RELATED TO CEQA AND NEPA U PgArOo) r(�� \\ THIS AGREEMENT is made and entered into this 7th day of November, 2023 by and between De lye Ilv�ftA (1�Novo Planning Group, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On August 17, 2023 the City issued Request for Qualification No. 23-142, by which it sought Consultants to provide on -call environmental, technical, and planning services for the Planning and Building Agency of the City of Santa Ana. The scope of work may include any and all work efforts related to the analysis of a proposed project for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements, and staffing services on an as -needed basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFQ No. 23-142 and attached as Exhibit A. C. Consultant has been selected as one of thirty-five (35) vendors which qualified for this engagement. Only those consultants approved by the City Council on November 7, 2023, shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. On an as -needed basis, and at the sole discretion of the City, Consultants shall perform the services that are described in Exhibit A, attached and incorporated by reference as though fully set forth herein. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of a letter agreement, executed by the Executive Director of the Planning and Building Agency and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and letter agreement for a specific project. Page 1 of 11 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of thirty-five (35) Consultants selected to provide environmental and planning services on an as needed basis under RFQ No. 23-142. The total compensation for services provided by all Consultants selected under RFQ No. 23- 142 is a collective amount not to exceed four million nine hundred fifty thousand ($4,950,000.00) during the term of the Agreement, including any extension periods. b. Where applicable, City shall recognize and pay for any outstanding invoices for work performed by any of the thirty-five (35) selected vendors for building safety consultant services performed by the Consultant for work previously performed for the City. C. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a five (5) year term, unless terminated earlier in accordance with Section 16, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Page 2 of 11 Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of hsurance Commercial General Liability (CGL): 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 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions): insurance appropriate to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as Page 3 of 11 broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, 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. 6. 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. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Dateprior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Page 4 of 11 8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting 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. 9. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant fmrther 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 snake all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Page 5 of 11 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 6 of 11 To City: 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 To Consultant: Executive Director Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, CA 92702 Email: PBAAdmin@santa-ana.org De Novo Planning Group 180 E. Main Street Suite 108 Tustin, CA 92780 949-396-8193 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page 7 of 11 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or Page 8 of 11 arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] Page 9 of 11 A-2023-194-05 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SAWA ANA U. �fl Alvaro Nunez Acting City Manager APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO City Attorney By: randon Salvatierra Ben Ritchie Deputy City Attorney Principal FOR APPROVAL t MINH THAT Executive Director Planning and Building Agency Page 10 of 11 EXHIBIT A Exhibit A Scope of Services Consultants will be expected to provide experienced and knowledgeable professional staff familiar with federal, state and local regulations including the Santa Ana Municipal Code and General Plan and the CEQA and NEPA. The Consultants' Project Manager and staff shall be responsive and maintain excellent working relationships with project applicant, property owners, developers and City staff. Consultants shall be committed to provide adequate staffing levels at all times in order to adhere to established schedules. All consultants shall provide services under the direction of City staff. Services may include attendance at appropriate City Council, City Commissions, and neighborhood meetings. A. Environmental Services Services include, but are not limited to preparation of documents, distribution and filing of environmental noticing, preparation of studies and technical reports as required by the CEQA and NEPA including, but not limited to, the following as amended and updated from time to time: • Initial Study • Notice of Preparation • Notice of Availability • Notice of Determination • Categorical Exemption • Negative Declaration • Mitigated Negative Declaration • Environmental Impact Report (Program, Focused, Master, Staged) • El R Addendum, Supplemental EIR, Subsequent EIR • Mitigation and Monitoring Program • Response to Comments • Statement of Overriding Considerations • NEPA compliance documents B. Technical Studies As necessary, prepare any technical studies needed to complete the environmental review or for development projects or City projects as -needed, including but not limited to: • Air Quality Study • Biological Resource Assessment • Cultural Resource Study • Environmental Site Assessments • Economic/Market Study • Geological/Soil Study • Greenhouse Gas Assessment • Health Risk Assessment • Historical Resource Assessment • Hydrology/Water Quality Study • Noise Impact Study • Parking Study • Water Supply Assessment • Mineral Resource Study • Utility/Sewer Study • Traffic Study C. Staffing Services The Planning Division is also seeking qualified professional individuals, firms, or multi -disciplinary teams with experience in current, historic preservation, environmental justice, and advanced planning to assist with processing development project applications, counter services and planning efforts on an as -needed basis. Page 11 of 11 EXHIBIT B City of Santa Ana Statement of Qualifications On -Call Environmental and Planning Services, RFQ No. 23-142 E. FEE SCHEDULE The cost estimate for an individual project is based on a variety of factors including the type of environmental compliance document, required technical studies, and site and project attributes. Due to the on -call nature of the RFP, a cost estimate cannot be specifically determined at this time. Rate sheets are included on the following pages. Typical Direct Costs Typical direct costs associated with preparation of environmental documents include the following. Please note that all direct costs are billed at -cost and are not marked -up. We also do not mark-up the fees of our subconsultants. • Printing • Mileage • Postage • Filing Fees • Data Collection • Vehicle Counts DE NOVO PLANNING GROUP DE NOVO PLANING GROUP CITY OF SANTA ANA RATE SHEET 2023 Schedule Principal $210 Principal Planner $185 Senior Planner $150 Associate Planner $130 Assistant Planner $110 GIS Analyst $125 j KITTELSON & ASSOCIATES CITY OF SANTA ANA RFQUAL NO.23-142 BILLING RATE SCHEDULE Effective July 1, 2023 The current billing rates for Kittelson & Associates, Inc., staff are as follows and are subject to change: Staff Billing Rate Principal / Senior Principal $270 - $360 Associate Engineer/Planner $230 - $260 Senior Engineer/Planner $200 - $220 Engineer/Planner $180 - $200 Transportation Analyst $160 - $175 Principal Data Scientist/Developer $255 - $340 Senior Data Scientist/Developer $215 - $255 Data Scientist/Developer $180 - $210 Data Analyst/Software Developer $140 - $175 Software Technician $110 - $135 Associate Technician $185 - $205 Senior Technician $165 - $185 Technician Il $145 - $160 Technician I $125 - $140 Office Support $100 - $120 Service & Other Direct Costs Billing Rate Mileage Current IRS mileage rate Travel & Other Direct Costs Actual Costs Subconsultants Actual Costs Exhibit A MArEnvineering, Inc. FAM 17192 Murphy Avenue #14992 MAT Engineering, Inc. Billing Rates Irvine, CA 92623 - attamatenaineerina.com ENGINEERING, INC. (949) 344-1828 Position Hourly Rate President $180.00 Principal $170.00 Associate Principal $160.00 Senior Associate $160.00 Associate $150.00 Senior Engineer / Senior Planner / Senior Designer $150.00 Engineer / Planner / Designer III $120.00 Engineer / Planner / Designer II $115.00 Engineer / Planner / Designer 1 $110.00 Assistant Engineer / Assistance Planner / Assistant Designer $80.00 Technician 111 $75.00 Technician II $65.00 Technician 1 $55.00 Engineering Aide $50.00 Administrative Assistant $55.00 Notes: PDF report copies of report are included in the fees. Printed reports charged at a minimum of $100. For overtime work the above rates may be increased by 50 percent. Client payment is not contingent upon client receiving payment from other parties. Billing statements for work will be submitted monthly. Statements are payable within thirty (30) days of statement date. Any statement unpaid after thirty (30) days shall be subject to interest at the maximum permitted by law Rates can be subject to change. Rev. January 2022 Exhibit A Billing Rates for MD Acoustics, LLC Compensation for Services The Consultants Billing rates for services are as follows: Position Hourly Rate Principal Consultant $ 220.00 Sr. Acoustical Consultant $ 178.50 Sr. Vibration Consultant $ 178.50 Air Quality Specialist $ 178.50 Consultant $ 155.00 Engineering Technician I Engineering Aide Administrative Assistant Administrative Aide Clerical Aide Principal Controls & Vibration Engineer Senior Scientist Noise & Vibration Senior Design Engineer Expert Witness Mechanical Packaging Engineer COMSOL Expert & Modeling ANSYS Expert & Modeling Automobile Mileage General (1) Per Diem charges are based on current government rates based on area. $ 119.00 $ 83.00 78.00 66.00 60.00 $ 244.00 $ 226.00 $ 161.00 $613.00 178.50 416.00 416.00 $ 1.13/mile (2) Hourly rates apply to work time, travel time, and time spent at public hearings and meetings. For overtime work, the above rates may be increased by 50 percent. (3) Client payment for professional services is not contingent upon the client receiving payment from other parties. (4) Billing statements for work will be submitted bi-monthly. Statements are payable Net 15 upon receipt by the client of the statement. Any statement unpaid after ninety (90) days shall be subject to interest at the maximum permitted by law. (5) These rates are valid for 1 year and will increase yearly with the inflation rate per year. Rev. January 1, 2023 CHRONICLE'" HERITAGE CHRONICLE HERITAGE HOURLY RATES LABOR CLASSIFICATIONS Senior Principal -•UNITS/HOURS Regional Principal $205.00 410 2 Principal lnvestigatorTrechnical Lead Principal Investigator $185.00 740 4 Senior Level Project Manager $155.00 3487.5 22.5 Associate Level Field Director $135.00 1080 8 Staff Level Field Technician $100.00 1600 16 Database Specialist QAIQC Data Management $125.00 63 0.5 GIS Specialist Data Management $115.00 460 4 Editor Technical Edit QNQC $105.00 420 4 Administrative Assistant Invoices, admin $115.00 230 2 Subtotal I $B490 Direct E)qpenses Hotel 192 192 1 Per diem 71 71 1 Milage .78 351 450 Materials 60 120 2 Curation fees 600 600 1 Subtotal $tom Total $9823.80 Rates above represent Chronicle's standard rates as of June 2023. *Oregon rates cogstone PALEONTOLOGY - ARCHAEOLOGY - HISTORY COGSTONE 2023-2028 BLENDED RATE FULL FEE SCHEDULE LABOR Technician/Monitor 1 HOURLY RATE $88.41 $132.62 $176.82 Technician/Monitor II $99.46 $149.19 $198.92 Night Monitor $115.00 $172.50 $230.00 SOI Monitor** $115.00 $157.50 $230.00 SO[ Night Monitor** $130.00 $195.00 $260.00 Architectural Historian $127.09 $190.64 $254.18 Supervisor/GIS Specialist $127.09 $190.64 $254.18 Field Director $127.09 $190.64 $254.18 Administrative Assistant $88.41 Exempt Exempt Senior Administrator $154.72 Exempt Exempt Technical Editor $132.62 Exempt Exempt Principal Investigator 1/ Task Manager $132.62 Exempt Exempt Principal Investigator II/ Task Manager $154.72 Exempt Exempt Principal Investigator III/ Task Manager $171 29 Exempt Exempt Program Director $204.45 Exempt Exempt OTHER DIRECT COSTS Mileage Current IRS Rate Expendable Supplies Actual Cost Outside Services Actual Cost DISCIPLINES AVAILABLE: Archaeology Paleontology Architectural History GIS Geoarchaeology Faunal Identification and Analysis Human Skeletal Identification and Analysis Fossil Identification and Analysis Paleobotanical Identification and Analysis Ceramic Identification and Analysis Lithic Identification and Analysis Hours 9-12 per day are Overtime (x1.5), Hours over 12 per day are Double Time (x2) ** SO[ monitor meets the guidelines set forth by the Secretary of the Interior's (SO[) Standards and Guidelines for Archaeology and Historic Preservation (36 CFR Part 61). 1518 West Taft Avenue Orange, CA 92865 Office (714) 974-8300 Field Offices San Diego • Riverside • Morro Bay • Sacramento Federal Certifications WOSB, EDWOSB, SDB State Certifications DBE, WEE, UDBE cogstone.com Toll free 888-333-3212 FlJ 419 E E N G 1 N E E R I N G 2023-2024 RATE SCHEDULE CLASSIFICATION HOURLY RATE President/Vice President/Principal/Senior Project Manager/ $260 Director of Geospatial / Certified Photogrammetrist Project Manager/Technical Manager/Senior Land Surveyor $229 Assoc. Project Manager/Sr. Engineer/Sr. Stormwater Engineer/Specialist $208 AT/Cloud Registration Specialist / Land Surveyor $190 Engineer / Stormwater Engineer/Specialist $184 Sr. Survey Analyst/Sr. Mapping Analyst $175 GIS Coordinator/ Data Scientist $165 Assoc. Engineer / Stormwater Engineer / Stormwater Tech $152 Geospatial Specialist / Survey Analyst / Mapping Analyst $150 Stormwater Inspector $130 3D Artist / Survey Technician $12S Image Technician $110 Information Coordinator / Intern $105 1-Man Survey Crew $217 2-Man Survey Crew $340 3-Man Survey Crew $433 1. Reproduction and other reimbursable expenses (such as overnight deliveries, mileage, permits, and licenses, etc.) and Client approved subcontractor services will be billed in addition to the above rates with a 10% handling surcharge. IRVINE SAN DIEGO ONTARIO LOS ANGELES 2. This rate schedule is subject to change on an annual basis due to the granting of wage increases and/or other employer benefits to field or office employees during the lifetime of this agreement and Client approved change orders. 3. Overtime is available for critical deadlines at 1-1/2 times the normal rates for office employees. Surveyors' rates are also adjusted automatically for overtime or holiday/weekend work in agreement with the Operating Engineers Union. Client Initials Effective through August 31, 2024 15535 Sand Canyon, Suite 100, Irvine, California 92618 1 949.474.1960 fumoo.com 11 Lei gMon FEE SCHEDULE FOR THE CITY OF SANTAANA a varciantas company RATES EFFECTIVE FROM 11/19/2023-11/18/2026 LABOR RATES CLASSIFICATION $/HR CLASSIFICATION $/HR Technician I ........... ................................ ................. ...... ..... ........ .... ........- ...100 Project Administrator/Word Processor/Dispatcher .............. ........................... 90 Technician III Special Inspector...................................................................110 Information Specialist ......................................................... ................ .......... 130 Senior Technician I Senior Special Inspector...............................................130 CAD Operator ..... .-.................... ................. ................ .......................... ........ 155 Prevailing Wage (field soils / materials tester)*...........................................178 GIS Specialist ............................ .................................... ..................... .......... 155 Prevailing Wage (Special Inspector) * ..........................................................183 GIS Analyst .......................... ........................................................................ 180 Prevailing Wage (On site Source Inspector, NDT and soil remediation Staff Engineer / Geologist / Scientist............................................................170 O&M).. ........................................................... ... .. . ........ ................. _A88 Senior Staff Engineer I Geologist / Scientist I ASMR...................................185 System Operation & Maintenance (O&M) Specialist....................................165 Operations / Laboratory Manager ................................................................. 205 Non Destructive Testing (NDT).....................................................................175 Project Engineer I Geologist / Scientist ........... .................... ................... ...... 215 Deputy Inspector..........................................................................................130 Senior Project Engineer I Geologist I Scientist / SMR................... ............... 235 Field/ Laboratory Supervisor.......................................................................165 Associate ............. .................................... ................ ..................................... 260 SourceInspector..........................................................................................150 Principal ... ........................... .............................................................. ............ 290 City of Los Angeles Deputy Building (including Grading) Inspector .............175 Senior Principal............................................................................................345 • See Prevailing Wages in Terms and Conditions GEOTECHNICAL LABORATORY TESTING METHOD $/TEST CLASSIFICATION & INDEX PROPERTIES Photographof sample..................................................................................15 Moisture content (ASTM D2216)........................................................................25 Moisture & density (ASTM D2937) ring samples................................................35 Moisture & density (ASTM D2937) Shelby tube or cutting.................................45 Atterberg limits 3 points (ASTM D4318):..........................................................160 - Single point, non-plastic............................................................................90 - Atterberg limits (organic ASTM D2487 / 134318)............................................. 195 - Visual classification as non -plastic (ASTM D2488).......................................15 Particlesize: .. . ............................... ................................................................... - Sieve only 1'/2 inch t0 #200 (AASHTOT27IASTMC136/ASTM D6913/CTM202)... 145 - Large sieve 6 Inch to #200 (MSHTO T27/ASTM C136/ASTM D6913/CTM 202)...190 - Hydrometer only (ASTM D7928)........ .-.....................................................120 - Sieve + hydrometer 53 inch sieve, (ASTM D7928).................................... 200 - Percent passing #200 sieve, wash only (ASTM D1140)...............................75 Specific gravity and absorption of fine aggregate (AASHTO T84/ASTM C128/ASTM D854/CTM 207).............................................. 140 Specific gravity and absorption of coarse aggregate (AASHTO T851ASTM C127/CTM 206)............................................................... 110 - Total porosity - on Shelby tube sample (calculated)...............................180 - Total porosity - on other sample (calculated)..........................................165 Shrinkage limits wax method (ASTM D4943)........ ... .......... ............................ -135 Pinhole dispersion (ASTM D4647)................................................................... 225 Dispersive characteristics (double hydrometer ASTM D4221).............................. 215 As -received moisture & density (chunk/carved samples)...............................65 Sand Equivalent (AASHTO T176/ASTM D2419ICTM 217).................................... 115 SHEAR STRENGTH Pocket penetrometer......................................................................................20 Direct shear (ASTM D3080, mod., 3 points): Consolidated undrained - 0,05 inch/min (CU)..............................................305 Consolidated drained - <0.05 inch/min (CD)................................................370 Residual shear EM 1110-2-1906-IXA (price per each additional pass after shear) .... 55 Remolding or hand trimming of specimens (3 points)....................................95 Oriented or block hand trimming (per hour)....................................................70 Singlepoint shear.........................................................................................115 Torsional shear (ASTM D6467 /ASTM D7608).................................................... 880 METHOD $/TEST COMPACTION & PAVEMENT SUBGRADE TESTS Standard Proctor compaction, 4 points (ASTM D698) - 4 inch diameter mold (Methods A & B).................................................170 - 6 inch diameter mold (Method C)...........................................................230 Modified Proctor compaction 4 points (ASTM D1557): - 4 inch diameter mold Methods A & B......................................................235 - 6 inch diameter mold Method C..............................................................265 Checkpoint (per point)...................................................................................70 Relative compaction of untreated/treated soils/aggregates (CTM 216)..........270 Relative density 0.1 it mold (ASTM D4253, D4254)........................................... 250 California Bearing Ratio (ASTM D1883) - 3 point.....................................................................................................535 - 1 point.....................................................................................................200 R-Value untreated soilslaggregates (AASHTO T1901ASTM D2844/CTM 301)....... 335 R-Value lime or cement treated soils/aggregates (AASHTO T190IASTM D2844/CTM 301).......................................................................................... 365 SOIL CHEMISTRY & CORROSIVITY pH Method A (ASTM D4972 or CTM 643)............................................................. 50 Electrical resistivity - single point- as received moisture..............................50 Minimum resistivity 3 moisture content points (ASTM G187/CTM 643) ...............95 pH + minimum resistivity (CTM 643)......... ............. ....... ...... ......... .......... .- ... -140 Sulfate content- gravimetric (CTM 417 B Part 2)................................................ 75 Sulfate content- by ion chromatograph (CTM 417 Part 2).................................85 Sulfate screen (Hach®)....................................................................................35 Chloride content (AASHTO T291ICTM 422)......................................................... 75 Chloride content- by ion chromatograph (AASHTO T291/CTM 422)................... 85 Corrosion suite: minimum resistivity, sulfate, chloride, pH (CTM 643) ............285 Organic matter content (ASTM D2974)..............................................................70 CONSOLIDATION & EXPANSIONISWELL TESTS Consolidation (ASTM D2435):.......................................................................... 210 Each additional time curve.............................................................................50 Each additional load/unload w/o time reading................................................45 Expansion Index (ASTM D4829)......................................................................140 Single load swell/collapse - Method B (ASTM D4546-B, set bad & inundate only)....115 Swell collapse Method A up to 10 loadlunloads w/o time curves (ASTM D4546-A).......................................................................................... 310 Fee 8/2023 www.leightongroup.com Page 1 of 4 %/i Leighton FEE SCHEDULE METHOD $/TEST TRIAXIAL TESTS Unconfined compression strength of cohesive soil (with stresslstrain plot ASTM02166)... .... ..-.......... ............ ......................... ..-............ ............................... ......... 145 Unconsolidated undrained triaxial compression test on cohesive soils (UU, ASTM D2850, USACE Q test, per confining stress) ..................... ...............,.... Consolidated undrained triaxial compression test for cohesive soils, ICU, ASTM 04767, USACE R-bar test) with back pressure saturation & pore water pressure measurement (per confining stress) ........................................ Consolidated drained triaxial compression test (CD, USACE S), with volume change measurement. Price per soil type below EM 1110-2-1906(X): Sand or silty sand soils (per confining stress) ......................................... Silt or clayey sand soils (per confining stress) ........................................ Clay soils (per confining stress).............................................................. Three -stage triaxial (sand or silty sand soils) .......................................... Three -stage triaxial (silt or clayey sand soils) ......................................... Three -stage triaxial (clay soils).............................................................1, Remolding of test specimens.................................................................. 185 400 400 535 755 700 935 320 ..70 METHOD WEST HYDRAULIC CONDUCTIVITY TESTS Triaxial permeability in flexible -wall permeameter with backpressure saturation at one effective stress (EPA 9100/ASTM D5084, Falling head Method C):................................................ 335 Each additional effective stress....................................................................130 Hand brimming of soil samples for horizontal K..............................................65 Remolding of test specimens.........................................................................70 Permeability of granular soils (ASTM D2434)..................................................145 Soil suction (filter paper method, ASTM D5298).................................................... 430 SOIL -CEMENT Moisture -density curve for soil -cement mixtures (ASTM D558).......................260 Wet -dry durability of soil -cement mixtures (ASTM 0559)..................... ....... 1,290 Compressive strength of molded soil -cement cylinder (ASTM D1633).............. 65 Soil -cement remolded specimen (tor shear strength, consolidation, etc.)'............ 250 ' Compaction (ASTM D558 maximum density) should also be performed - not included in above price CONSTRUCTION MATERIALS LABORATORY TESTING METHOD $/TEST METHOD $/TEST CONCRETE STRENGTH CHARACTERISTICS AGGREGATE PROPERTIES Concrete cylinders compression (ASTM C39) (6" x 12" and 4" x 8") ................40 Bulk density and voids in aggregates (AASHTO T19/ASTM C29/ CTM 212) .........., 55 Compression, concrete or masonry cores (testing only) 56 inch (ASTM C42)......45 Organic impurities in fine aggregate sand (AASHTO T2IIASTM C40/CTM 213)....65 Trimmingconcrete cores (per core ) ..... 25 LA Rattler -smaller coarse aggregate <1.5" (AASHTOT96/ASTM C13V CTM 211) ... 215 Flexural strength of concrete (simple beam-3rd pt. loading, ASTM C761cTM 52a).....90 et LA Rattler -larger coarse aggregate 1-3" (AASHTO T96/ASTM C535/CTM 211)....270 9 Flexural strength of concrete (simple beam -center pt loading, ASTM C293ICTM 523)... 90 Apparent specific gravity of fine aggregate (AASHTO T84/ASTM C1281 CTM 208)... 140 Non shrink grout cubes (2 inch, ASTM C109/C1107).......................................... 30 Specific gravity and absorption of coarse aggregate (ASTM C1 VICTIM 206) Drying shrinkage - four readings, up to 90 days, 3 bars (ASTM C157) ...........430 44 retained.............................................................................................110 190 Length of concrete cores (CTM 531).................................................................45 Clay lumps, friable particles (AASHTO T112JASTM C142)..... ........................ I.... 215 Durability Index (AASHTO T210/ASTM D3744/CTM 229)...................................... HOT MIX ASPHALT (HMA) Moisture content of aggregates by oven drying Resistance of compacted HMA to moisture -induced damage (AASHTO T2551ASTM C566/CTM 226)...............................................................45 (AASHTO T283/CTM 371)........................................................................... 2,250 Uncompacted void Content of fine aggregate Hamburg Wheel, 4briquettes (modified)(AASHTO T324)...............................965 AASHTOT3041ASTMC12521CTM234 .........140 (AASHTO) SUperpave gyratory compaction (AASHTO T312JASTM D6925)......... I ............... 375 Percent Of crushed partiCeS (AASHTO T3351ASTM D5821/CTM 205)..................145 Extraction by ignition oven, percent asphalt Flat & elongated particles in coarse aggregate (ASTM D4791/CTM 235)..........230 (AASHTO T308/ASTM D63071CTM 382)............................................................160 Cleanness value of coarse aggregate (CTM 227)...........................................225 Ignition oven correction/correlation values Soundness, magnesium (AASHTO T104/ASTM C881CTM 214) ........................... 240 (AASHTO T308/ASTM D6307/CTM 382)......................................................... 1,445 Soundness, sodium (AASHTO T104/ASTM C88/CTM 214)....................... ,......... . 695 Extraction by centrifuge, percent asphalt (ASTM D2172)................................160 Gradation of extracted aggregate (AASHTO T30/ASTM D5444/CTM 202)............ 145 MASONRY 35 Stabilometer, S-Value (ASTM D15601CTM 366)................................................. 285 Mortar cylinders 2" x 4" (ASTM C780)........... ...,... ,................................ ............ 35 Bituminous mixture preparation (AASHTO R30/CTM 304)................................... 85 Grout prisms 3" x 6" (ASTM C1019)....... ,....... ....................................... ............. 45 Moisture content of HMA (AASHTO T329/ASTM 060371CTM 370)......................... 65 Masonry cores compression, 156" diameter - testing only (ASTM C42)............. Bulk specific gravity of compacted HMA, molded specimen or cores, Masonry core shear testing (Title 24).... .................... ........... - ........................ 85 uncoated (AASHTO T1661ASTM D2726/CTM 308)..............................................55 Veneer bond strength, cost for each - 5 required (ASTM C482)........................60 Bulk specific gravity of compacted HMA, molded specimen or cores, CMU compression to size 8" x 8" x 16" - 3 required (ASTM C140)....................60 paraffin -coated (AASHTO T275/ASTM D11881CTM 308)..................................... 60 CMU moisture content, absorption & unit weight - 6 required (ASTM C140).....55 Maximum density - Hveem (CTM 308)............................................................215 CMU linear drying shrinkage (ASTM C426).....................................................190 Theoretical maximum density and specific gravity of HMA (AASHTO T2091 CMU grouted prisms compression test <_8" x 8" x 16" (ASTM C1314)............. 215 ASTM D2041/CTM 309)................................................................................. 140 CMU grouted prisms compression test> 8" x 8" x 16"(ASTM C1314)............. 270 Thickness or height of compacted bituminous paving mixture specimens BEARING PADS/PLATES AND JOINT SEAL (ASTM D3549)..............................................................................................45 Elastomeric bearing pads (Caltrans SS 51-3).......... ........................... ............ 1060 Wet track abrasion of slurry seal (ASTM D3910).............................................160 Elastomeric bearing pad with hardness and compression tests Rubberized asphalt (add to above rates)........................................................+25% (Caltrans SS 51-3).............. ................... ............................................ ......... 1,315 BRICKType A Joint Seals (Caltrans SS 51-2)...........................................................1,735 Compression - cost for each, 5 required (ASTM C67).......................................55 Type B Joint Seals (Caltrans SS 51-2)........................................................... 1,640 Absorption - cost for each, 5 required (ASTM C67)...........................................55 Bearing plates(A536).....................................................................................770 Fee/2023 www.leightongroup.com Page 2 of 4 /iLei gMon FEE SCHEDULE METHOD $/TEST REINFORCING STEEL AND PRESTRESSING STRANDS Reber tensile test, <— up to No. 11 (ASTM A370)................................................ 70 Reber tensile test, >— No. 14 & over(ASTMA370)...........................................215 Reber bend test, up to No. 11 (ASTM A370)......................................................70 Reber bend test, i No. 14 & over(ASTMA370).............................................. 215 Resistance butt -welded hoops/bars, tensile test, sup to No.10 (CTM 670)....70 Resistance butt -welded hoops/bars, tensile test, >_ No. 11 & over (CTM 670)...90 Mechanical rebar splice, tensile test, <_ up to No. 11 (CTM 670).......................70 Mechanical rebar splice, slip test, <_ up to No. 11 (CTM 670)...........................AS Mechanical rebar splice, tensile test, 2No. 14 & over (CTM 670)..................215 Mechanical rebar splice, slip test, > No. 14 & over (CTM 670).......................215 Headed rebar splice, tensile test, <— up to No. 11 (CTM 670)............................70 Headed rebar splice, tensile test, > No. 14 & over (CTM 670) .......................215 Epoxy coated rebar/dowel film thickness (coating) test (ASTM A775/A934)....... 50 Epoxy coated rebar/dowel continuity (Holiday) test (ASTM A775/A934).............70 Epoxy coated rebar flexibility/bend test, up to No. 11 (ASTMA775/A934).......... 50 Prestressing wire, tension (ASTM A416).........................................................190 Sample preparation (cutting).........................................................................55 METHOD $/TEST STREET LIGHTSISIGNALS LED Luminaires / Signal Modules / Countdown Pedestrian Signal Face Modules (Caltrans RSS 86)........... ... ..................... ........... ........... .......... ....1,390 SPRAY APPLIED FIREPROOFING Unit weight (density, ASTM E605)........................................................................ 65 FASTENERS I BOLTS I RODS F3125 GR A307, A325 Bolts, tensile test, <_ up to 1-1X' diameter, plain (ASTM A370)................................................................................................. 70 F3125 GR A307, A325 Bolts, tensile test, <_ up to 1-1/4" diameter, galvanized (ASTM A370)...............................................................................80 A490 Bolts, tensile test, <_ up to 1-1/4" diameter, plain (ASTM A370)................70 A490 Bolts, tensile test, <_ up to 1-114" diameter, galvanized (ASTM A370)...... 80 A593 Bolts, tensile test, <_ up to 1-114" diameter, stainless steel (ASTMA370)... 70 F1554 Bolts, tensile test, <— up to 1-1/4" diameter, plain (ASTMA370)............ 110 F1554 Bolts, tensile test, <— up to 1-1/4" diameter, galvanized (ASTMA370)...130 SAMPLETRANSPORT Pick-up & delivery (weekdays, per trip, <50 mile radius from Leighton office) ... 95 EQUIPMENT LIST ITEM $UNIT 1/4 inch Grab plates................................................................................ 5 each 1/4 inch Tubing (bonded)....................................................................0.60 foot 114 inch Tubing (single) .................. ................. ...........- ....................0.40 foot 3/8 inch Tubing, clear vinyl................................................................0.60 foot 4-Gas meter (RKI Eagle or similar)/GEM 2000...................................140 day Air flow meter and purge pump (200 cc/min).........................................55 day Box of 24 soil drive -sample rings.........................................................130 box Brasssample tubes...............................................................................11 each Caution tape (1000-foot roll)..................................................................22 each Combination lock or padlock.................................................................15 each Compressed air tank and regulator.......................................................55 day Concrete coring machine (56-inch-dia)...............................................160 day Consumables (gloves, rope, soap, tape, etc.).......................................40 day Coresample boxes................................................................................30 each Crack monitor Two-Dimensional............................................................30 each Crack monitor Thee-Dimensional..........................................................40 each Cutoff saws, reciprocating, electric (Sawzall0)..................................... 80 day D-Meter Walking Floor Profiler ............................................................110 day Disposablebailers.................................................................................25 each Disposable bladders..............................................................................20 each Dissolved oxygen meter........................................................................50 day DOT 55-gallon containment drum with lid ...... ..................... .................. 85drum Double -ring infltrometer......................................................................135 day Dual -stage interface probe....................................................................85 day Dynamic Cone Penetrometer........................................................... -,430 day Generator, portable gasoline fueled, 3,500 watts..................................90 day Global Positioning System/Laser Range Finder .................................... 80 day Handauger set......................................................................................90 day HDPE safety fence (!5100 feet)............................................................. 40 roll Horiba U-51 water quality meter..........................................................135 day Light tower (towable vertical mast)......................................................150 day Magnehelicgauge .................................................................................15 day Manometer............................................................................................25 day Mileage (will adjust with IRS published rate).....................................0.655 mile ITEM $ UNIT Moisture test kit (excludes labor to perform test, ASTM E1907) ...........65 test Nuclear moisture and density gauge....................................................88 day Electrical moisture and density gauge..................................................88 Day Pachometer...........................................................................................50 day ParticulateMonitor...............................................................................135 day pH/Conductivity/Temperature meter......................................................60 day Photo -Ionization Detector (PID) ...........................................................130 day Pump, Typhoon 2 or 4 stage................................................................. 55 day QED bladder pump wIQED control box...............................................175 day Quire fee — Phase I only...................................................................... 250 each Resistivity field meter and pins............................................................ 200 day Slip / threaded cap, 2-inch or 4-inch diameter, PVC Schedule 40......... 20 each Slope inclinometer...............................................................................250 day Soil sampling T-handle (Encore)...........................................................10 day Soilsampling tripod...............................................................................40 day Speedy (R) moisture tester....................................................................10 day Stainlesssteel bailer..............................................................................60 day Submersible pump with controller.......................................................180 day Submersible pump/transfer pump,10-25 gpm......................................65 day Support service truck usage (well installation, etc.)-, .......................... 250 day Survey/fence stakes..............................................................................10 each Tedlar@ bags.........................................................................................25 each Traffic cones (:525)/barricades (single lane)..........................................55 day Turbidity meter......................................................................................80 day Tyvek® suit (each)... .............................................................................. 25 each Vaporsampling box...............................................................................65 day Vehicle usage (carrying equipment)......................................................20 hour VelociCalc.............................................................................................40 day Visqueen (20 x 100 feet) ................................................ - ................... 130 roll Water level indicator (electronic well sounder) <300 feet deep well .... 100 day ZIPLEVEL®...........................................................................................40 day Other specialized geotechnical and environmental testing and monitoring equipment are available, and priced per site Fee/2023 www.leightongroup.com Page 3 of 4 /, Lei gMon FEE SCHEDULE TERMS AND CONDITIONS • Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otherwise stated in an attached proposal. • Prevailing Wages: Our fees for prevailing wage work are based upon California prevailing wage laws and wage determinations. Unless specifically indicated in our proposal, costs for apprentice are not included. If we are required to have an apprentice on your project, additional fees will be charged. Prevailing wage rates will increase by $8 on July 1 st of each year. • Overtime: Standard overtime rate is per California Labor Law and is billed at 1.5 or 2 times their hourly billing rate. Overtime rate for non-exempt field personnel working on a Leighton observed holiday is billed at 2 times their hourly billing rate. Overtime rate for Prevailing wage work is per the California Department of Industrial Relations (DIR) determination and is multiplied at 1.5 to 2 times their hourly billing rate for overtime and double-time, respectively. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. • Minimum Field Hourly Charges: For Field Technicians, Special Inspectors or any on -site (field) materials testing services: 4 hours: 4-hour minimum charge up to the first four hours of work. 8 hours: 8-hour minimum charge for over four hours of work, up to eight hours. Project time accrued includes portal to portal travel time. • Insurance & Limitation of Liability: These rates are predicated on standard insurance coverage and a limit of Leighton's liability equal to our total fees for a given project. • Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project -specific permits and/or licenses, project -specific supplemental insurance, travel, subsistence, project -specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly to and paid by client. • Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of 1 Y=-percent per month will be charged for late payment. • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn -around time for geotechnical-laboratory test results is 10 working days. Samples will be stored for 2 months following completion of assigned tests, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $15 per bag and $6 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in California. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated breaks for a given sample set meet specified compressive at design age or other client - designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28-day break. Unless specifically requested otherwise, all other construction materials will be disposed of after completion of testing and reporting. fee/2023 www.leightongroup.com Page 4 of 4 DENOV-2 OP ID: DB ACORO CERTIFICATE OF LIABILITY INSURANCE E(MMIDD/YYYY) F�12101/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the cer,'�fi to holoerffi lieu.of such Pn orse ent s 916- "Os, Agency, Inc. gieAcevedo 4401 Havenue, Suite 110 Fair Oaks, CA 96628 ^� A E: nsurance Agency PHONE 916-961-6000 FAX 916-961-3046 (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: U n Date: 2024.O qrl�l_ 1 I . N R S AFFORDING COVERAGE NAIC # INSURERA:Admlral Insurance Co. 24856 _ 0700 INSURED De Novo Planning Group Steve McMurtry INSURER B : Nationwide Mutual Insurance Co 23787 INSURER C : Hartford CasualtyIns Co 29424 1020 Suncast Lane, #106 El Dorado Hills, CA 96762 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 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 ITRMMIDD/YYYY TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR X X FEIECC1484610 04/29/2023 04/29/2024 DAMAGE TO RENTED PREMISES Ea occurrence 50,000 $ MED EXP (Any oneperson) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY � JECT1:1 LOC PRODUCTS -COMP/OP AGG $ 4,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1 000 000 $ X BODILY INJURY Perperson) $ ANY AUTO ACP3038668630 03/15/2023 03/15/2024 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accdent $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE [Y] OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA 57WECZ03688 04/29/2023 04/29/2024 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ 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 Professional Liab FEIECC1484610 04/29/2023 04/29/2024 E&O AGG 2,000,10 Retro Date 4/29/09 E&O DED 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured: City of Santa Ana, its officers, employees, agents, and representatives as per attached. City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SANTA27 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF ACCORDANCE WITH THE POLICY PRC orz,N�F RA ManagementDMs(an a� REVIEWED & APPROVED BY: AUTHORIZED REPRESENTATIVE1-11�d,-I--�Y[-L: ®' Risk Management Specialist ACORD 25 (2016/03) ©1988-2015 ACORD The ACORD name and logo are registered marks of ACORD DENOV-2 OP ID: DB ACORO CERTIFICATE OF LIABILITY INSURANCE E(MMIDD/YYYY) F�03114/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holee_r in lieu of such endorsements . PRODUCER 916-961-6000 mmins Insura ce Agency nc. Digit Acev 8 to 1cevedo Rank 1046 Cummins Ince Agency Date: E: U ncy (C, No, Ext): 0 FAX 916-961-3046 (A/C, No): ESS: R A D ov NAIC # R a to d eiAj@ii;;!g?r;irWLICVU 23787 INSURED De Novo Planning Group INSURER B Steve McMurtry INSURER C 1020 Suncast Lane, #106 El Dorado Hills, CA 96762 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 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 ITRMMIDD/YYYY TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICYEl JECT LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY L ACP3008668630 03/15/2024 03/15/2025 COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per acc dent) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DE D RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92701 SANTAN1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF ACCORDANCE WITH THE POLICY PRC orz,N�F RA ManagementDMs(an a� REVIEWED & APPROVED BY: AUTHORIZED REPRESENTATIVE1-11�d,-I--�Y[-L: ®' Risk Management Specialist ACORD 25 (2016/03) ©1988-2015 ACORD The ACORD name and logo are registered marks of ACORD D EN OV-2 OP ID- DJ ,4Ca>�o CERTIFICATE OF LIABILITY INSURANCE DATE 04129/202YY] 04l2912024 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. PORTANT: If the certificate holder is an ADDITIONAL INJU! t i%e IPrevisions or be endorsed. U N VED, subject to the terms and ;ahfhe paNcy eiin poficles m requi aorsement. A statement on rlrti to o onfer rights to the certificate ho, ler jkpi lieu of such dorsement(s). PRODUCER 916-961-6011,E Cummins Insurance Agency Cummins Insurance Agency, Inc. PHONE 916-961-6000 FAX 916-961-3046 License # OC42488 o t)A (AIC, No): 4JA Hazel Avenue, Suite 110 Date. E- I AS�lnevQao- 1 INSURER S AFFORDING COVERAGE NAIC A' _ — SURERA: Lloyds of London 085202 INSURED INSURERB: Hartford Casualty Ins Co 29424 De Novo Planning Group Steve McMurtry INSURERC: StarStone Specialty Ins. Co. 44776 1020 Suncast Lane, #106 INsuRERD:Arch Specialty Ins. Co. El Dorado Hills, CA 95762 INSURER E : Nationwide Mutual Insurance Co 23787 INSURER F : Ilriiill/drJ±TrIX 11111dei111id115111i±lt111 =1 "'IIIIA11_lde :J=LTJ :9ri7"'101kqlllIT, lelde 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUB WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Waiver X X PSM0039941132 04/29/2024 04/2912025 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 250,000 $ X MELD EXP (Any oneperson) $ 5,000 X PrimarylNon-Contr PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY1:1 JECT1:1 LOC OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS- COMPIOP AGO $ 2'000,000 Emp Ben. $ 2,000,000 AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY AUTOS ONLY X X ACP3008668630 03/15/2024 03/15/2025 COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY Per persoN $ 1,000,000 BODILY INJURY Per accident $ PP r P.. d. DAMAGE a $ $ C UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X CSX00090224P01 04/29/2024 04/29/2025 EACH OCCURRENCE $ 1,000,000 X AGGREGATE $ 1,000,000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORfPARTNERfEXECUTIVE YIN OFFICERWEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X 57WECZ03688 0412912024 04129/2025 X PER OTH- STATUTE ER EL EACH ACCIDENT 1,000,000 $ E.L. DISEASE- EA EMPLOYEE $ 1'000'000 E.L DISEASE- POLICY LIMIT 1,000,000 $ A A Professional Lia. Pollution PSM0039941132 PSM0039941132 04/29/2024 04/29/2024 04/29/2025 04/29/2025 E&O 2,000,000 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana as additional insured per attached. SANTAN1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF "'^rrc 1m1 1 cc no nicocn i"i ACCORDANCE WITH THE POLICY PRC City of Santa Ana RA Mougmunt DMs[crn Risk Management Division g REVIEWED & APPROVED BY: 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 4 A� Risk Management Specialist ACORD 25 (2016103) 4 1988-2015 ACORD I The ACORD name and logo are registered marks of ACORD ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/20/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Inszone Insurance Services, LLC 2721 Citrus Road, Suite A Cordova, CA 95742 CONTACT NAME: Certificate Team PHONE FAX A/C No EXt: 877-308-9663 vc,No:916-400-2625 E-MRancho ADDRESS: certs@inszoneins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Certain Underwriters at Lloyd's of London 32727 License#: OF82764 INSURED DENOVOP-01 De Novo Planning Group 1020 Suncast Lane INSURERB: United Financial Casualty Co. 11770 INSURERC: Starstone Specialty Insurance Co. 44776 INSURERD: Hartford Casualty Insurance Company 29424 El Dorado Hills, CA 95762 INSURERE: Arch Specialty Insurance Company 21199 INSURER F : COVERAGES CERTIFICATE NUMBER:827224762 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y PSM0039941132 4/29/2024 4/29/2025 EACH OCCURRENCE $ 2,000,000 X CLAIMS-MADE1:1 OCCUR DAMAGETORENTED PREMISES Ea occurrence $ 250,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO ❑ JECT LOC X PRODUCTS - COMP/OP AGG $ 2,000,000 Hired and Non -Owned $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY Y 994357605 3/15/2025 9/15/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X FIR ERTYDAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C UMBRELLA LAB X OCCUR Y CSX00090224P-01 4/29/2024 4/29/2025 EACH OCCURRENCE $1,000,000 X AGGREGATE $ 1,000,000 EXCESS LAB CLAIMS -MADE DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 57 WEC Z03688 4/29/2024 4/29/2025 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICE R/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Errors & Omissions PSM0039941132 4/29/2024 4/29/2025 Aggregate/Occurrence $2,000,000 A E Professional Liability Cyber Liability PSM0039941132 C-4LPT-161699-CYBER-2024 4/29/2024 6/9/2024 4/29/2025 6/9/2025 Aggregate Aggregate $2,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Additional Insured on the General Liability and Auto Liability. Excess follows form, subject to the terms and conditions of the policy. The aforementioned coverage is provided to the extent in the attached forms for: City of Santa Ana Tu Tran Digitally signed by APPROVED Tu Tran Nguyen Date: 2025.04.01 By Tu Tran Nguyen at 10:07 am, Apr 01, 2025 Nguyen ,0:08:2,-07'00' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Planning and Building Agency AUTHORIZED REPRESENTATIVE 20 Civic Center Plaza Santa Ana, CA 92701 � f © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 994357605 Form 23GS(}2/ 1)M CL Blanket Additional Insured Endorsement This endorsement modifies insurance provided bvthe Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears omthe declarations page. All terms and conditions ofthe policy apply unless modified bVthis endorsement. if you pay the fee for this Blanket Additional Insured Endorsement, we agree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only to the extent ofthat liability. This endorsement does not apply toacts, omissions, products, work, oroperations ofthe additional insured. Regardless nfthe provisionsofparagraph a.and b.nfthe "Other Insurance" clause ofthis policy, if the person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies, then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person ororgan izmtion,signed and executed byyou before the bodily injury orpropertVdmnma0e occurs and in effect during the policy period, requires this insurance to be primary and non- contributory. in no way does this endorsement waive the 'Other insurance" clause of the policy, nor make this policy POLICY NUMBER: 994357605 Form 2367 (06/10) M_CL This endorsement modifies insurance provided by the Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Waiver of Subrogation Endorsement, we agree to waive any and all subrogation claims against any person or organization with whom a written waiver agreement has been executed by the named insured, as required by written contract, prior to the occurrence of any loss. Policy Number: CSX00090224P-01 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 StarStone Fax: 513-599-7501 www.corespecialtv.comv.com Report claims to: claims@corespecialty.com PCI of the Care Spa€my Gfoup STARSTONE SPECIALTY INSURANCE CO. FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY In consideration of the payment of premium and in reliance upon the statements in the Declarations of this Policy, Starstone Specialty Insurance Co., hereinafter referred to as the Insurer, agrees as follows: SECTION I. - COVERAGE A. This Policy shall provide the Insured with Excess Liability Insurance coverage in accordance with the same warranties, terms, conditions, exclusions and limitations as are contained, on the Inception Date of this Policy, in the Followed Policy set forth in Item 7. of the Declarations of this Policy, subject to the premium, limits of liability, retention, policy period, warranties, exclusions, limitations and any other terms and conditions of this Policy including any and all endorsements attached hereto, inconsistent with or supplementary to the Followed Policy. B. Notwithstanding A. above, in no event shall this Policy follow the terms, conditions, exclusions or limitations in the Followed Policy or provide coverage under this Policy with respect to or as a result of any of the following clauses or similar clauses in the Followed Policy: 1. Liberalization clause; 2. Cancellation, non -renewal or change in terms provisions; 3. State -specific No-fault, Uninsured Motorist or Underinsured Motorist law, or any similar law; 4. Crisis Management or Crisis Response endorsement; or 5. Sublimit of liability, unless coverage for such sublimit is specifically endorsed to this Policy. SECTION II. - LIMITS OF LIABILITY A. Where an amount is shown for the aggregate limit of liability in Item 5. of the Declarations of this Policy, the amount stated is the most the Insurer will pay for all damages covered under this Policy with respect to Coverage subject to an aggregate limit of liability in the Followed Policy. B. Subject to A. above, the per occurrence, per claim, or per loss limit of liability stated in Item 5. of the Declarations of this Policy is the most the Insurer will pay for all damages arising out of any one occurrence, claim or loss as stated in the Followed Policy. C. Defense costs to which this Policy applies shall not reduce the limits of liability stated in A. and B. above, except to the extent costs covered under the Followed Policy reduce the limits of liability of the Followed Policy. SECTION III. - RETENTION SSS EXS 0001 CW 03 21 Page 1 of 16 r*J StarStone Fan or khe C (Ne 5ixsesrn1 Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY A. The Limits of Liability stated in Item 5. of the Declarations of this Policy apply in excess of: 1. The total of the limits of liability of the Underlying Policies applicable on a per occurrence, per claim or per loss basis, but in no event in an amount less than the total of the per occurrence, per claim or per loss limits of liability of the Underlying Excess Policies stated in Item 6 of the Declarations of this Policy; 2. The total of the limits of liability of the Underlying Policies applicable on an aggregate basis, where an amount is shown in the aggregate limit of liability of the Underlying Policies stated in Item 6 of the Declarations of this Policy, but in no event in any amount less than the aggregate limits of liability of the Underlying Excess Policies stated in Item 6. of the Declarations of this Policy; 3. The self -insured retention under the Followed Policy, if any, where the aggregate limits of liability determined in 2. above, has been exhausted. B. This Policy will not apply in excess of any reduced or exhausted limits of liability of the Underlying Policies to the extent that such reduction or exhaustion is caused by: 1. Payment of amounts on account of occurrences or claims that are not covered under this Policy; 2. Uncollectibility in whole or in part of the limits of liability of an Underlying Policy. C. Notwithstanding B.1. above, defense costs incurred by the Underlying Policies shall not reduce the limits of liability of such Underlying Policies, except to the extent defense costs incurred by underlying insurance, including self -insured retentions, reduce the Insured's retained limit of liability under the Followed Policy. SECTION IV. - EXCLUSIONS This Policy shall not apply to: A. ASBESTOS Any bodily injury, property damage, personal injury, advertising injury, arising out of: 1. The manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers, asbestos dust or products or materials containing asbestos; 2. Any obligation of the insured to indemnify any party because of damages arising out of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to SSS EXS 0001 CW 03 21 Page 2 of 16 r*J StarStone Fan or khe C (Ne S sCl;q Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY asbestos, asbestos products, asbestos fibers, asbestos dust or products or materials containing asbestos; or 3. Any obligation to defend any suit or claim against the insured that seeks damages if such suit or claim arises as the result of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers, asbestos dust or products or materials containing asbestos. B. EMPLOYMENT -RELATED PRACTICES LIABILITY Any liability, defense costs or damages which arise out of any: 1. Refusal to employ; 2. Termination of employment; 3. Coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, or other employment -related practices, policies acts or omissions; 4. Consequential bodily injury or personal injury as a result of 1. through 3. above; or 5. Any liability arising from or in any way in connection with the actual, alleged, potential or attempted actions in the course of any employer -employee relationship. This exclusion applies whether the insured may be held liable as an employer or in another capacity and to any of your obligation to share damages with or to repay someone else who must pay damages because of the injury. C. RADIOACTIVE MATTER Any liability arising out of any radioactive matter, whether or not naturally occurring. D. KNOWN LOSS Any liability arising out of any claim or of any occurrence likely to give rise to a claim, of which a Responsible Insured was aware prior to the Inception Date set forth in Item 2. of the Declarations of this Policy, regardless of whether such Responsible Insured believed such claim or occurrence would involve this Policy. For the purposes of this Exclusion, the following definitions apply: Responsible Insured means an Executive Officer of the Insured, or any manager or equivalent level employee in the Insured's Risk Management, Insurance or Law Department. SSS EXS 0001 CW 03 21 Page 3 of 16 r*J StarStone Fan or khe C (Ne S sCl;q Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY Executive Officer means the Chairman of the Board, President, Chief Executive, Operating, Financial and Administrative Officers, Managing Directors, or any Executive or Senior Vice President of the Insured. Where such title is inapplicable, the equivalent level of personnel shall be substituted. E. EXPECTED OR INTENDED Any liability expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. F. ADVERTISING INJURY Any liability arising out of 1. A breach of contract, except an implied contract to use another's advertising idea in the course of advertising your goods, products or services; 2. The failure of goods, products or services to conform with any statement of quality or performance made in the course of advertising your goods, products or services; or 3. The wrong description of the price of goods, products or services stated in the course of advertising your goods, products or services. G. WORKERS COMPENSATION Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. H. POLLUTION LIABILITY 1. Any liability arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: a. At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured; b. At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; c. Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any insured or any person or organization for whom you may be legally responsible; d. At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations: SSS EXS 0001 CW 03 21 Page 4 of 16 r*J StarStone Fan or khe C (Ne 5ixsesrn1 Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY 1) If the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or 2) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; e. If the bodily injury or property damage is included within the products -completed operations hazard; f. That are, or that are contained in any property that is: 1) Being transported or towed by, or handled for movement into, onto or from, the covered auto; 2) Otherwise in the course of transit by or on behalf of the insured; or 3) Being stored, disposed of, treated or processed in or upon the covered auto. g. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto; or h. After the pollutants or any property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by the insured. 2. Pollution cost or expense. I. PROPERTY DAMAGE 1. Property damage to: a. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; b. Premises you sell, give away or abandon, if the property damage arises out of any part of those premises; c. Property loaned to you; d. Personal property in the care, custody or control of the insured; SSS EXS 0001 CW 03 21 Page 5 of 16 r*J StarStone Fan or khe C (Ne S sCl;q Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY e. That particular part of real property on which you or any contractors or subcontractors directly or indirectly on your behalf are performing operations, if the property damage arises out of those operations; or f. That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. 2. Sub -paragraphs a., c. and d. of this exclusion do not apply to property damage (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. 3. Sub -paragraph b. of this exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by you. 4. Sub -paragraphs c., d., e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. 5. Sub -paragraph f. of this exclusion does not apply to property damage included in the products - completed operations hazard. J. PROPERTY DAMAGE TO YOUR PRODUCT Property damage to your product arising out of it or any part of it. K. PROPERTY DAMAGE TO YOUR WORK Property damage to your work arising out of it or any part of it and included in the products -completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. L. PROPERTY DAMAGE TO IMPAIRED PROPERTY Property damage to impaired property or property that has not been physically injured, arising out of: 1. A defect, deficiency, inadequacy or dangerous conditions in your product or your work; or 2. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of tangible property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. M. PRODUCT RECALL Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: SSS EXS 0001 CW 03 21 Page 6 of 16 r*J StarStone Fan or khe C (Ne S sCl;q Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY 1. Your product; 2. Your work; or 3. Impaired property; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. N. AIRCRAFT Any bodily injury or property damage included within the products -completed operations hazard and arising out of any aircraft product or the grounding of any aircraft. O. WAR Bodily injury, personal injury or property damage that results from, or any condition that is incidental to, any of the following: (a) war, whether or not declared; (b) civil war; (c) insurrection; (d) rebellion; (e) revolution; (f) warlike operations. P. FUNGI OR BACTERIA 1. Bodily injury, property damage, personal injury or advertising injury which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage; or 2. Any loss, cost or expenses arising out of the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way resp nding to, or assessing the effect of, fungi or bacteria, by you or any other person or entity. This exclusion does not apply to any fungi or bacteria that are, are on, or are contained in, a food product intended for consumption. As used in this exclusion, fungi means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. Q. UNINSURED/UNDERINSURED MOTORIST Any liability imposed on the insured, or the insured's insurer, under any of the following laws: 1. Uninsured motorists; SSS EXS 0001 CW 03 21 Page 7 of 16 r*J StarStone Fan or khe C (Ne S sCl;q Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY 2. Underinsured motorists; 3. Auto no-fault laws or other first party personal injury laws; or 4. Medical expense benefits and income loss benefits laws of any applicable state or jurisdiction. R. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM With respect to any one or more certified acts of terrorism, we will not pay any amounts for which we are not responsible under the terms of the federal Terrorism Risk Insurance Act of 2002 (including subsequent acts of Congress pursuant to the Act) due to the application of any clause which results in a cap on our liability for payments for terrorism losses. Certified act of terrorism means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2007. The federal Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2007 sets forth the following criteria for a certified act of terrorism: 1. The act resulted in aggregate losses in excess of $ 100 million; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. S. LIMITED TERRORISM EXCLUSION (OTHER THAN CERTIFIED ACTS) Damages arising, directly or indirectly, out of any act of terrorism other than a certified act of terrorism. T. PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM Damages arising, directly or indirectly, out of a certified act of terrorism that are awarded as punitive damages. SSS EXS 0001 CW 03 21 Page 8 of 16 r*J StarStone Fan or khe C (Ne 5ixsesrn1 Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY U. SILICA Any loss, claim or occurrence, whether for bodily injury, property damage, personal injury or advertising injury arising out of or in any way related to the actual, alleged or threatened discharge, dispersal, emission, release, escape, handling, contact with, exposure to or inhalation, ingestion or respiration of silica or products or substances containing silica or silicon dioxide in any form including, but not limited to, silica dust, sand or otherwise, or work involving the use of or handling of silica or silicon dioxide in any form, even if other causes are alleged to contribute to or aggravate such loss, claim or occurrence. 2. This insurance also does not apply to any loss, claim or occurrence --arising from or related to: a. Any supervision, instruction, recommendations, warnings or advice given or which should have been given in connection with the events described in Paragraph 1. above; and b. Any obligation to indemnify, defend, share damages with or repay someone else who must pay damages because of events described in Paragraph 1. above; and c. Any fines or penalties imposed because of events described in Paragraph 1. above. V. LEAD Any liability arising out of the manufacture, distribution, sale, installation, removal, utilization, ingestion, or inhalation of, presence of or exposure as the case may be to lead or any material or product(s) containing lead. W. INVERSE CONDEMNATION EXCLUSION Any liability arising out of, or in any way connected with, the principles of eminent domain, adverse possession, dedication by adverse use, condemnation proceedings, or inverse condemnation, by whatever name called, and whether such liability accrues directly against you or by virtue of any agreement entered by or on your behalf. X. NANOTECHNOLOGY 1. Any liability related to the actual, alleged, or threatened presence of or exposure to nanotubes or nanotechnology in any form, or to harmful substances emanating from nanotubes or nanotechnology. This includes the use of, consumption of, ingestion of, inhalation of, absorption of, contact with, existence of, presence of, proliferation of, discharge of, dispersal of, seepage of, migration of, release of, escape of; or exposure to nanotubes or nanotechnology. Such injury SSS EXS 0001 CW 03 21 Page 9 of 16 1r StarStone Ped of the Care Spa€my Croup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY from or exposure to nanotubes or nanotechnology also includes, but is not limited to: a. The existence, storage, handling or transportation of nanotubes or nanotechnology; b. The removal, abatement or containment of nanotubes or nanotechnology from any structures, materials, goods, products, or manufacturing process; c. The disposal of nanotubes or nanotechnology; d. Any structures, manufacturing processes, or products containing nanotubes or nanotechnology; e. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage; f. Any product manufactured, sold, handled, or distributed by you or on your behalf which contains nanotubes or nanotechnology; or g. Any supervision, instructions, recommendations, warranties (express or implied), warnings or advice given or which should have been given. 2. Any loss, cost or expense including, but not limited to, payment for investigations or defense, fines, penalties, interest and other costs or expenses, arising out of any: a. Claim, suit, demand, judgment, obligation, order, request, settlement, or statutory or regulatory requirement that you or any other person or entity test for, monitor, clean up, remove, contain, mitigate, treat, neutralize, remediate, or dispose of, or in any way respond to, or assess the actual or alleged effects of nanotubes or nanotechnology; or b. Claim, suit, demand, judgment, obligation, request, or settlement due to any actual, alleged, or threatened injury or damage from nanotubes or nanotechnology or testing for, monitoring, cleaning up, removing, containing, mitigating, treating, neutralizing, remediating, or disposing of, or in any way responding to or assessing the actual or alleged effects of, nanotubes or nanotechnology by any insured or by any other person or entity; or c. Claim, suit, demand, judgment, obligation, or request to investigate which would not have occurred; in whole or in part, but for the actual or alleged presence of or exposure to nanotubes or nanotechnology; This exclusion applies regardless of who produced, installed, used, owned, sold, distributed, handled, stored or controlled the nanotubes or nanotechnology. With respect to this exclusion, the following definitions apply: Nanotubes means hollow cylinders of carbon atoms or carbon fibers or any type or form of nanotechnology which contain remarkable strength and electrical properties used in any products, goods, or materials. 2. Nanotechnology means engineering at a molecular or atomic level. SSS EXS 0001 CW 03 21 Page 10 of 16 r*J StarStone Fan or khe C (Ne S sCl;q Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY Y. NUCLEAR Bodily injury or property damage: 1. a. With respect to which an insured under the Policy is also an insured under a nuclear energy liability Policy issued by Nuclear Energy Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such Policy but for its termination upon exhaustion of its limit of liability; or b. Resulting from the hazardous properties of nuclear material and with respect to which a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or b) the insured is, or had this Policy not been issued would be, entitled to indemnity from the United states of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Bodily injury or property damage resulting from the hazardous properties of nuclear material, if: a. The nuclear material a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or b) has been discharged or dispersed therefrom; b. The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or c. The bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this Sub -paragraph c. applies only to property damage to such nuclear facility and any property thereat. 3. As used in this Exclusion Y.: a. Hazardous properties include radioactive, toxic or explosive properties; b. Nuclear material means source material, special nuclear material or by-product material; c. Source material, special nuclear material, and by-product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; d. Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; SSS EXS 0001 CW 03 21 Page 11 of 16 r*j StarStone Fan or khe C (Ne 5ixsesc1rj Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY e. Waste means any waste material (a) containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, and (b) resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. f. Nuclear facility means: 1) Any nuclear reactor; 2) Any equipment or device designed or used for: a) Separating the isotopes of uranium or plutonium; or b) Processing or utilizing spent fuel, or c) Handling, processing or packaging waste; 3) Any equipment or device used for the processing, fabricating or allying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or 4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; g. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material; h. Property damage includes all forms of radioactive contamination of property. SECTION V. - DEFINITIONS The following Definitions apply to this Policy: A. Followed Policy means the policy listed in Item 7. of the Declarations of this Policy. SSS EXS 0001 CW 03 21 Page 12 of 16 r*j StarStone Fan or khe C (Ne 5ixsesc1rj Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY B. Underlying Policies means those policies that are scheduled in the Schedule of Underlying Excess Policies in Item 6. of the Declarations of this Policy and any other applicable underlying insurance, including any self -insured retentions. SECTION VI. - CONDITIONS A. CANCELLATION CLAUSE This Policy may be canceled by the first Named Insured listed in Item 1. of the Declarations of this Policy by mailing or delivering to the Insurer at the address set forth in Item 9(b) of the Declarations advance written notice of cancellation. This Policy may be canceled by or on behalf of the Insurer by delivering to the first Named Insured or by mailing to the first Named Insured, by registered, certified, or other first class mail, at the first Named Insured's address set forth in Item 1. of the Declarations, written notice stating when thereafter, not less than fifteen (15) days in the event any premium is not paid when due, and not less than sixty (60) days in all other cases, cancellation shall be effective. Proof of mailing of such notice as aforesaid shall be sufficient proof of notice. It is agreed that the first Named Insured shall act on behalf of all Insureds with respect to giving and receiving notice of cancellation. The Policy Period terminates at the date and hour specified in such notice, but in case of notice of cancellation by the first Named Insured, in no event prior to the date such notice is received by the Insurer. 2. If this Policy shall be canceled by the first Named Insured, the Insurer shall return ninety percent (90%) of the unearned portion of the premium calculated on a pro rata basis unless there is a Minimum Earned Premium set forth in Item 8 (b) of the Declarations, in which case the Insurer will retain the Minimum Earned Premium and return the difference, if any, between the Minimum Earned Premium and the unearned portion of the premium calculated on a pro rata basis. 3. If this Policy shall be canceled by the Insurer, the Insurer shall return to the first Named Insured the unearned portion of the premium calculated on a pro rata basis. 4. Payment or tender of any unearned premium by the Insurer shall not be a condition precedent to the effectiveness of cancellation but such payment shall be made as soon as practicable. B. ASSISTANCE AND COOPERATION 1. The Insurer shall have the right but not the duty to assume charge of the defense or settlement of any claim or suit against the Insured to which this Policy may apply upon exhaustion of the applicable limits of liability of the Underlying Policies. If the Insurer has exercised such right, it may withdraw from the defense and tender the defense to the Insured upon exhaustion of the applicable limits of liability under this Policy. If the Insurer does not exercise the right to assume charge of such defense or settlement, or if the applicable limits of the Underlying Policies are not exhausted, the Insurer shall have the right and shall be given the opportunity to associate effectively with the Insured or the Underlying Insurer or both, in the defense and control of any claim or suit likely to involve this Policy. In such events, the Insured, the Underlying Insurer and the Insurer shall cooperate in the defense of such claim or suit. SSS EXS 0001 CW 03 21 Page 13 of 16 r*J StarStone Fan or khe C (Ne S sCl;q Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY 2. The Insured shall not, except at its own expense, settle any claim or suit or incur any defense costs for an amount to which this Policy applies without the Insurer's written consent. C. CHANGES IN FOLLOWED POLICIES If during the Policy Period of this Policy, the terms, conditions, exclusions or limitations of the Followed Policy are changed in any manner from those in effect on the inception date of this Policy, the Insured shall as a condition precedent to its rights under this Policy give to the Insurer as soon as practicable written notice of the full particulars thereof. This Policy shall become subject to any such changes upon the effective date of the changes in the Followed Policy, but only upon the condition that the Insurer agrees to follow such changes in writing and the Insured agrees to any additional premium or amendment of the provisions of this Policy required by the Insurer relating to such changes. Further, such change in coverage is conditioned upon the Insured's payment when due of any such additional premium required by the Insurer relating to such changes. D. MAINTENANCE OF UNDERLYING INSURANCE While this Policy is in effect, the Insured agrees to maintain the Underlying Policies in full force. The Insured's failure, or the failure of others, to comply with this Condition will not invalidate this Policy, but in the event of such failure, the Insurer will only be liable to the same extent as if there had been compliance. E. PAYMENT OF PREMIUM The first Named Insured listed in Item 1 of the Declarations of this Policy shall be responsible for and act on behalf of all Insureds with respect to the payment of any premiums due under this Policy. F. REQUIRED NOTICES TO INSURER BY INSURED 1. Notice of Occurrence, Offense, Claim or Loss a. The Insured shall, as a condition precedent to the obligations of the Insurer under this Policy, give written notice as soon as practicable to the Insurer of any occurrence, offense, claim or suit likely to involve this Policy. b. Without limiting the requirements of paragraph a. above, the Named Insured shall separately, and as soon as practicable, give written notice to the Insurer when a payment is made or reserve established for any occurrence, offense, claim or suit which has brought the total of all payments and reserves by the Insured, or Underlying Insurers to a level of twenty-five percent (25%) or more of the Underlying Aggregate Limit. SSS EXS 0001 CW 03 21 Page 14 of 16 r*J StarStone Fan or khe C (Ne S sCl;q Getup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY 2. Notice Regarding Underlying Insurance The Insured shall, as a condition precedent to the obligations of the Insurer under this Policy, give written notice to the Insurer of the following events as soon as practicable but in no event later than thirty (30) days after an Insured has become aware of the event: a. Any Underlying Policy being cancelled or non -renewed or otherwise ceasing to be in effect or being uncollectible in part or in whole; or b. Any underlying insurer being subject to a receivership, liquidation, dissolution, rehabilitation or any similar proceeding or being taken over by any regulatory authority. 3. Notice Regarding Material Change The Insured shall, as a condition precedent to the obligations of the Insurer under this Policy, give written notice to the Insurer of the following events as soon as practicable but in no event later than thirty (30) days after an Insured has become aware of the event: that the Named Insured is consolidating with or merging with or into, or transferring all or substantially all of its assets to, or acquiring or being acquired by any natural person or entity or group of natural persons and/or entities acting in concert. With respect to the Notice required in Paragraphs 1., 2. and 3. of this Condition F., notice to an Underlying Insurer shall not constitute notice to the Insurer of this policy. Notice under this Policy shall be given to the Insurer at the appropriate address set forth in Item 9. of the Declarations of this Policy. G. RESTRICTIVE AS UNDERLYING Notwithstanding any provision to the contrary in this Policy, including, without limitation, the Coverage provisions in Section I of this Policy, if any Underlying Policy with limits in excess of the Followed Policy but underlying to this Policy (the "Intervening Policy") contains warranties, terms, conditions, exclusions or limitations more restrictive than the Followed Policy, whether on the effective date of this Policy or at any time during the Policy Period of this Policy, then this Policy shall be deemed to follow those more restrictive warranties, terms, conditions, exclusions or limitations of the Intervening Policy. H. UNIMPAIRED UNDERLYING LIMITS The Insured warrants that the aggregate limits of the Underlying Policies, as shown in the Schedule of Underlying Insurance, shall be unimpaired as of the effective date of this Policy. In the event such underlying aggregate limits are impaired as of the effective date of this Policy, this Policy shall apply as if such aggregate limits were unimpaired. In the event of non -concurrent policy periods between this Policy and Underlying Policies, only occurrences, claims, or losses that would be covered during the policy period of this Policy shall be considered in determining the extent of any erosion or SSS EXS 0001 CW 03 21 Page 15 of 16 1r StarStone Ped of the Care Spa€my Croup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY exhaustion of the underlying aggregate limits, and the Insured shall retain liability for any resulting gap in coverage. I. SERVICE OF SUIT Pursuant to any statute of any state, territory or District of the United States which makes provision therefore, the Insurer hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder, arising out of this Policy. IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its Authorized Representative and countersigned on the Declarations Page by a dully authorized agent of the Insurer. President Secretary SSS EXS 0001 CW 03 21 Page 16 of 16 Policy Number: PSM0039941132 V cfc 1. What you must do in the event of a claim or cyber incident If any senior executive officer becomes aware of any incident which may reasonably be expected to give rise to a claim under this Policyyou must: a. notify the claims managers as soon as is reasonably practicable (in respect of cyber incidents, a telephone call to our cyber incident response hotline will constitute notification). However, this notification must be made no later than the end of any applicable extended reporting period; b. in respect of INSURING CLAUSES 2 (SECTION D only), 3 and 5, report the theft or incident as soon as is reasonably practicable to the appropriate law enforcement authorities and provide us with a copy of this report on our request; and c. not admit liability for or settle or make or promise any payment or incur any costs and expenses without our prior written agreement (which will not be unreasonably withheld). In respect of INSURING CLAUSES 1 and 4 (SECTION F only), if you notify an incident that we agree is reasonably expected to give rise to a claim, we will accept any claim that arises out of the incident as being notified under this Policy. We require you to provide full details of the incident, including but not limited to: a. the time, place and nature of the incident; b. the manner in which you first became aware of this incident; c. the reasons why you believe that this incident could give rise to a claim under this Policy; d. the identity of the potential claimant; and e. an indication as to the size of the claim that could result from this incident. In respect of INSURING CLAUSES 2 and 3, if you discover a cyber event you may only incur costs without our prior written consent within the first 72 hours following the discovery and any third party costs incurred must be with a company forming part of the approved claims panel providers. All other costs may only be incurred with the prior written consent of the claims managers (which will not be unreasonably withheld). 2. Additional insureds We will indemnify any third party as an additional insured under this Policy, but only in respect of sums which they become legally obliged to pay (including liability for claimants' costs and expenses) as a result of a claim arising solely out of an act committed by you, provided that: CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q � cfc a. you contracted in writing to indemnify the third party for the claim prior to it first being made against them; and b. had the claim been made against you, then you would be entitled to indemnity under this Policy. Before we indemnify any additional insured they must: a. prove to us that the claim arose solely out of an act committed byyou; and b. fully comply with CONDITION 1 as if they were you. Where we indemnify a third party as an additional insured under this Policy, this Policy will be primary and non-contributory to the third party's own insurance, but only if you and the third party have entered into a contract that contains a provision requiring this. Where a third party is treated as an additional insured as a result of this Condition, any claim made by that third party against you will be treated by us as if they were a third party and not as an insured. 3. Agreement to pay claims (duty to defend) We have the right and duty to take control of and conduct in your name the investigation, settlement or defense of any claim. We will not have any duty to pay costs and expenses for any part of a claim that is not covered by this Policy. You may ask the claims managers to consider appointing your own lawyer to defend the claim on your behalf and the claims managers may grant your request if they consider your lawyer is suitably qualified by experience, taking into account the subject matter of the claim, and the cost to provide a defense. We will endeavor to settle any claim through negotiation, mediation or some other form of alternative dispute resolution and will pay on your behalf the amount we agree with the claimant. If we cannot settle using these means, we will pay the amount which you are found liable to pay either in court or through arbitration proceedings, subject to the limit of liability. We will not settle any claim without your consent. If you refuse to provide your consent to a settlement recommended by us and elect to continue legal proceedings in connection with the claim, any further costs and expenses incurred will be paid by you. As a consequence of your refusal, our liability for the claim will not be more than the amount for which the claim could have been settled had you consented, plus any costs and expenses incurred prior to the date of your refusal. 4. Application warranty You agree that all statements made by you in the application form, including any renewal application form, and any supplemental materials you have supplied in support of the application for insurance, are your agreements and representations to us and the Policy is CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q issued in reliance upon that information. The misrepresentation or non -disclosure of any matter byyou or your agent will render this Policy null and void and relieve us from all liability under this Policy. S. Calculation of business interruption losses Following an interruption to your business activities covered under INSURING CLAUSES 2 (SECTION F only) or 6, you must provide us with your calculation of the loss including: a. how the loss has been calculated and what assumptions have been made; and b. supporting documents including account statements, sales projections and invoices. 6. Cancellation This Policy may be canceled with 30 days written notice by either you or us. If you give us notice of cancellation, the return premium will be in proportion to the number of days that the Policy is in effect. However, if you have made a claim under this Policy there will be no return premium. If we give you notice of cancellation, the return premium will be in proportion to the number of days that the Policy is in effect. We also reserve the right of cancellation in the event that any amount due to us by you remains unpaid more than 60 days beyond the inception date. If we exercise this right of cancellation it will take effect from 14 days after the date the written notice of cancellation is issued. The Policy Administration Fee will be deemed fully earned upon inception of the Policy. 7. Commercial property amount insured reinstatement In respect of INSURING CLAUSE 5, in the event that the amount insured is partially reduced or totally exhausted due to the payment of a claim as a result of damage to your premises or contents, the amount insured will be automatically reinstated, provided: a. we do not give you written notice within 30 days of the notification of damage stating otherwise; b. where the amount of loss, net of the applicable deductible, exceeds $20,000 you pay an additional premium as advised by us; and c. you agree to any other risk management conditions requested by us. 8. Continuous cover In respect of INSURING CLAUSES 1 and 4 (SECTION F only), if during the period of a previous renewal of this Policy you neglected, through error or oversight only, to report to us an incident that might give rise to a claim, then provided you have maintained uninterrupted insurance of the same type with us since expiry of the previous renewal of this Policy, we will CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q cfc permit the incident to be reported to us under this Policy and we will indemnify you under this Policy in respect of any claim that arises out of the incident, provided: a. the indemnity will be subject to the applicable limit of liability of the previous renewal of this Policy under which the incident should have been reported to us or the applicable limit of liability, whichever is the lower; b. we may reduce the indemnity entitlement by the monetary equivalent of any prejudice which has been suffered as a result of the delayed notification; and c. the indemnity will be subject to all other terms and conditions of this Policy. We requireyou to provide full details of the incident, including but not limited to: a. the time, place and nature of the incident; b. the manner in which you first became aware of this incident; c. reasons whyyou believe that this incident could give rise to a claim; d. the identity of the potential claimant; and e. an indication as to the size of the claim that could result from this incident. For the avoidance of doubt, this Condition only applies to incidents that might give rise to a claim. 9. Cross liability and severability In respect of INSURING CLAUSE 4 only, where there is more than one entity insured under this Policy, and subject to the limit of liability, any claim made by one insured entity against another insured entity will be treated as if they are a third party and knowledge possessed by one insured entity will not be imputed to any other insured entity. 10. Dispute resolution All disputes or differences between you and us will be referred to mediation or arbitration and will take place in the country of registration of the company named as the insured in the Declarations page. In respect of any arbitration proceeding we will follow the applicable rules of the arbitration association in the country where the company stated as the insured in the Declarations page is registered, the rules of which are deemed incorporated into this Policy by reference to this Condition. Unless the applicable arbitration association rules state otherwise, a single arbitrator will be appointed who will be mutually agreed between you and us. If you and we cannot agree on a suitable appointment then we will refer the appointment to the applicable arbitration association. Each party will bear its own fees and costs in connection with any mediation or arbitration proceeding but the fees and expenses of the arbitrator will be shared equally between you and us unless the arbitration award provides otherwise. CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q cfc Nothing in this Condition is intended to remove your rights under CONDITION 22. However, if a determination is made in any mediation or arbitration proceeding, CONDITION 22 is intended only as an aid to enforce this determination. 11. Due diligence In respect of INSURING CLAUSE 5, you will at your own expense take all practicable steps during the period of the policyto: a. prevent loss of or damage to your premises or contents, including taking practicable steps to reduce the risk of theft of your contents whilst in anyvehicle by keeping them out of sight; b. maintain your premises or contents in a proper state of maintenance and repair; and c. take all reasonable steps to observe and comply with any applicable laws, obligations or requirements. 12. Establishing loss of contents If you make a claim under this Policy for loss of contents, you must reasonably establish how and when the incident took place. 13. Extended reporting period An extended reporting period of 60 days following the expiry date will be automatically granted at no additional premium. This extended reporting period will cover, subject to all other terms, conditions and exclusions of this Policy: a. in respect of INSURING CLAUSES 1 and 4 (SECTION F only), any claim first made against you during the period of the policy and reported to us during this extended reporting period; b. in respect of INSURING CLAUSES 2 and 3, any cyber event or loss first discovered by you during the period of the policy and reported to us during this extended reporting period; and c. any circumstance that a senior executive officer became aware of during the period of the policy and reports to us during this extended reporting period. No claim will be accepted by us in this 60 day extended reporting period if you are entitled to indemnity under any other insurance, or would be entitled to indemnity under such insurance if its limit of liability was not exhausted. 14. Optional extended reporting period If we or you decline to renew or cancel this Policy then you will have the right to have issued an endorsement providing an optional extended reporting period for the duration stated in the Declarations page which will be effective from the cancellation or non -renewal date. CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q fcfc This optional extended reporting period will cover, subject to all other terms, conditions and exclusions of this Policy: a. in respect of INSURING CLAUSES 1 and 4 (SECTION F only), any claim first made against you and reported to us during this optional extended reporting period, provided that the claim arises out of any act, error or omission committed prior to the date of cancellation or non -renewal; and b. in respect of INSURING CLAUSES 2 and 3, any cyber event or loss first discovered by you during this optional extended reporting period, provided that the cyber event or loss first occurred during the period of the policy. If you would like to purchase the optional extended reporting period you must notify us and pay us the optional extended reporting period premium stated in the Declarations page within 30 days of cancellation or non -renewal. The right to the optional extended reporting period will not be available to you where cancellation or non -renewal by us is due to non-payment of the premium or your failure to pay any amounts in excess of the applicable limit of liability or within the amount of the applicable deductible as is required by this Policy in the payment of claims. At the renewal of this Policy, our quotation of different premium, deductible, limits of liability or changes in policy language will not constitute non -renewal by us. 15. Fraudulent claims If it is determined by final adjudication, arbitral tribunal or written admission by you, that you notified us of any claim knowing it to be false or fraudulent in any way, we will have no responsibility to pay that claim, we may recover from you any sums paid in respect of that claim and we reserve the right to terminate this Policy from the date of the fraudulent act. If we exercise this right, we will not be liable to return any premium to you. However, this will not affect any non -fraudulent claim under this Policy which has been previously notified to us. 16. Maintenance of employee automobile liability insurance It is a condition precedent to indemnity under INSURING CLAUSE 4 (SECTIONS G and H only) that all employees who operate an automobile in the course of your business activities will maintain in full force and effect for the period of the policy primary automobile liability insurance in an amount equal to, or greater than, the minimum primary automobile liability limits required in the state of registration of the automobile. If you make a claim under INSURING CLAUSE 4 (SECTIONS G and H only) and the employee has failed to meet these requirements then this Policy will only respond to provide excess coverage as though the requirements had been met, wherebyyou agree to pay all sums within and up to the required minimum limit. CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q 6 cfc 17. Mergers and acquisitions If you acquire an entity during the period of the policy whose annual revenue does not exceed 20% of the company's annual revenue, as stated in its most recent annual financial statements, cover is automatically extended under this Policy to include the entity as a subsidiary. If you acquire an entity during the period of the policy whose annual revenue exceeds 20% of the company's annual revenue, as stated in its most recent annual financial statements, cover is automatically extended under this Policy to include the entity as a subsidiary for 45 days. We will consider providing cover for the acquired entity after the period of 45 days if: a. you give us full details of the entity within 45 days of its acquisition; and b. you accept any amendment to the terms and conditions of this Policy and agree to pay any additional premium required by us. In the eventyou do not comply with a. and b. above, cover will automatically terminate for the entity 45 days after the date of its acquisition. Cover for any acquired entity is only provided under this Policy for any act, error or omission committed or alleged to have been committed on or after the date of its acquisition. No cover will be automatically provided under this Policy for any acquired entity: a. whose business activities are materially different from your business activities; b. that has been the subject of any lawsuit, disciplinary action or regulatory investigation in the 3 year period prior to its acquisition; or c. that has experienced a cyber event in the 3 years period prior to its acquisition, if you have purchased INSURING CLAUSES 2 or 3 and the cyber event cost more than the highest deductible of INSURING CLAUSES 2 or 3. No cover will be provided under this Policy for premises or contents owned by any acquired entity prior to the date of acquisition. If during the period of the policy you consolidate, merge with or are acquired by another entity then cover under this Policy will continue to apply but only in respect of any act, error or omission committed or alleged to have been committed prior to the effective date of the consolidation, merger or acquisition. 18. Our rights of recovery If we make any payment under this Policy and you have any right of recovery against a third party in respect of this payment, then we will maintain this right of recovery. You will do whatever is reasonably necessary to secure this right and will not do anything after the event which gave rise to the claim to prejudice this right. CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q cfc We will not exercise any rights of recovery against any employee, unless this is in respect of any fraudulent or dishonest acts or omissions as proven by final adjudication, arbitral tribunal or written admission by the employee. Any recoveries will be applied as follows: a. towards any recovery expenses incurred by us; b. then to us up to the amount of our payment under this Policy, including costs and expenses; c. then to you as recovery of your deductible. 19. Prior subsidiaries Should an entity cease to be a subsidiary after the inception date, cover in respect of the entity will continue as if it was still a subsidiary during the period of the policy, but only in respect of an act, error, omission or event occurring prior to the date that it ceased to be a subsidiary. 20. Process for paying privacy breach notification costs Any privacy breach notification transmitted by you or on your behalf must be done with our prior written consent. We will ensure that notification is compliant with any legal or regulatory requirements and contractual obligations. No offer must be made for financial incentives, gifts, coupons, credits or services unless with our prior written consent which will only be provided if the offer is commensurate with the risk of harm. We will not be liable for any portion of the costs you incur under INSURING CLAUSE 2 (SECTION C only) that exceed the costs that you would have incurred had you gained our prior written consent. In the absence of our prior written consent we will only be liable to pay you the equivalent cost of a notification made using the most cost effective means permissible under the governing law. 21. Waiver of subrogation Notwithstanding CONDITION 18, we agree to waive our rights of recovery against any third party if, prior to the claim or incident which you reasonably expected to give rise to a claim, you entered into a contract that contains a provision requiring you to do this. 22. Choice of law, jurisdiction and service of suit In the event of a dispute between you and us regarding this Policy, the dispute will be governed by the laws of the State of the United States of America shown as the choice of law stated in the Declarations page. We agree, at your request, to submit to the jurisdiction of a court of competent jurisdiction within the United States of America. Nothing in this Condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States of CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q America, to move an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or the laws of any State of the United States of America. It is further agreed that service of process in such suit may be made upon the representative stated in the Declarations page and that in any suit instituted against us, we will abide by the final decision of such court or of any appellate court in the event of an appeal. The representative stated in the Declarations page is authorized and directed to accept service of process on our behalf in any such suit and, at your request, to give a written undertaking to you that they will enter a general appearance on our behalf in the event such suit is instituted. Additionally, in accordance with the statute of any state, territory or district of the United States which makes such a provision, we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by you arising out of this Policy. The representative stated in the Declarations page is hereby designated as the person to whom the above mentioned officer is authorized to mail such process or a copy thereof. CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q ,a`oRo° CERTIFICATE OF LIABILITY INSURANCE /YYW) DATE 6(MM/DD(MMIDD5 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 Inszone Insurance Services, LLC 2721 Citrus Road, Suite A Rancho Cordova, CA 95742 CONTACT NAME: Certificate Team PHONE FAX A/C No EXt: 877-308-9663 A/c,No:916-400-2625 ADDRESS: certs@inszoneins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: CFC Underwriting 12831 License#:OF82764 INSURED DENOVOP-01 De Novo Planning Group, Inc. 1020 Suncrest Lane, Suite 106 INSURERB: United Financial Casualty Co. 11770 INSURERC: Starstone Specialty Insurance Co. 44776 INSURERD: Hartford Casualty Insurance Company 29424 El Dorado Hills, CA 95762 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:740648433 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y PSNO140348538 4/29/2025 4/29/2026 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $ 250,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO ❑ LOC JECT X PRODUCTS - COMP/OP AGG $ 2,000,000 Hired & Non -owned $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY Y Y 994357605 3/15/2025 9/15/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X FIR ERTYDAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C UMBRELLA LAB X OCCUR Y Y CSX00090224P-02 4/29/2025 4/29/2026 EACH OCCURRENCE $1,000,000 X AGGREGATE $ 1,000,000 EXCESS LAB CLAIMS -MADE DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE Y 57WECZ03688 4/29/2025 4/29/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICE R/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability PSNO140348538 5/7/2025 5/7/2026 Aggregate/Each Claim $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Additional Insured on the General Liability and Auto Liability. Primary and Non -Contributory on the General Liability and Auto Liability. Waiver of Subrogation on the General Liability, Auto Liability and Workers Compensation. Excess follows form, subject to the terms and conditions of the policy. Dlgitallysigned Tu Tran by Tu Tran The aforementioned coverage is provided to the extent in the attached forms for: City of Santa Ana. Ng°ye° 9 p v Nguyen Date:2025.06.1 11:13*55-07'00' APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 11:13 am, Jun 11, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Planning and Building Agency 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 � f © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: PSNO140348538 • cfc 1. What you must do in the event of a claim or cyber incident If any senior executive officer becomes aware of any incident which may reasonably be expected to give rise to a claim under this Policyyou must: a. notify the claims managers as soon as is reasonably practicable (in respect of cyber incidents, a telephone call to our cyber incident response hotline will constitute notification). However, this notification must be made no later than the end of any applicable extended reporting period; b. in respect of INSURING CLAUSES 2 (SECTION D only), 3 and 5, report the theft or incident as soon as is reasonably practicable to the appropriate law enforcement authorities and provide us with a copy of this report on our request; and c. not admit liability for or settle or make or promise any payment or incur any costs and expenses without our prior written agreement (which will not be unreasonably withheld). In respect of INSURING CLAUSES 1 and 4 (SECTION F only), if you notify an incident that we agree is reasonably expected to give rise to a claim, we will accept any claim that arises out of the incident as being notified under this Policy. We require you to provide full details of the incident, including but not limited to: a. the time, place and nature of the incident; b. the manner in which you first became aware of this incident; c. the reasons why you believe that this incident could give rise to a claim under this Policy; d. the identity of the potential claimant; and e. an indication as to the size of the claim that could result from this incident. In respect of INSURING CLAUSES 2 and 3, if you discover a cyber event you may only incur costs without our prior written consent within the first 72 hours following the discovery and any third party costs incurred must be with a company forming part of the approved claims panel providers. All other costs may only be incurred with the prior written consent of the claims managers (which will not be unreasonably withheld). 2. Additional insureds We will indemnify any third party as an additional insured under this Policy, but only in respect of sums which they become legally obliged to pay (including liability for claimants' costs and expenses) as a result of a claim arising solely out of an act committed by you, provided that: CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q � cfc a. you contracted in writing to indemnify the third party for the claim prior to it first being made against them; and b. had the claim been made against you, then you would be entitled to indemnity under this Policy. Before we indemnify any additional insured they must: a. prove to us that the claim arose solely out of an act committed byyou; and b. fully comply with CONDITION 1 as if they were you. Where we indemnify a third party as an additional insured under this Policy, this Policy will be primary and non-contributory to the third party's own insurance, but only if you and the third party have entered into a contract that contains a provision requiring this. Where a third party is treated as an additional insured as a result of this Condition, any claim made by that third party against you will be treated by us as if they were a third party and not as an insured. 3. Agreement to pay claims (duty to defend) We have the right and duty to take control of and conduct in your name the investigation, settlement or defense of any claim. We will not have any duty to pay costs and expenses for any part of a claim that is not covered by this Policy. You may ask the claims managers to consider appointing your own lawyer to defend the claim on your behalf and the claims managers may grant your request if they consider your lawyer is suitably qualified by experience, taking into account the subject matter of the claim, and the cost to provide a defense. We will endeavor to settle any claim through negotiation, mediation or some other form of alternative dispute resolution and will pay on your behalf the amount we agree with the claimant. If we cannot settle using these means, we will pay the amount which you are found liable to pay either in court or through arbitration proceedings, subject to the limit of liability. We will not settle any claim without your consent. If you refuse to provide your consent to a settlement recommended by us and elect to continue legal proceedings in connection with the claim, any further costs and expenses incurred will be paid by you. As a consequence of your refusal, our liability for the claim will not be more than the amount for which the claim could have been settled had you consented, plus any costs and expenses incurred prior to the date of your refusal. 4. Application warranty You agree that all statements made by you in the application form, including any renewal application form, and any supplemental materials you have supplied in support of the application for insurance, are your agreements and representations to us and the Policy is CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q issued in reliance upon that information. The misrepresentation or non -disclosure of any matter byyou or your agent will render this Policy null and void and relieve us from all liability under this Policy. S. Calculation of business interruption losses Following an interruption to your business activities covered under INSURING CLAUSES 2 (SECTION F only) or 6, you must provide us with your calculation of the loss including: a. how the loss has been calculated and what assumptions have been made; and b. supporting documents including account statements, sales projections and invoices. 6. Cancellation This Policy may be canceled with 30 days written notice by either you or us. If you give us notice of cancellation, the return premium will be in proportion to the number of days that the Policy is in effect. However, if you have made a claim under this Policy there will be no return premium. If we give you notice of cancellation, the return premium will be in proportion to the number of days that the Policy is in effect. We also reserve the right of cancellation in the event that any amount due to us by you remains unpaid more than 60 days beyond the inception date. If we exercise this right of cancellation it will take effect from 14 days after the date the written notice of cancellation is issued. The Policy Administration Fee will be deemed fully earned upon inception of the Policy. 7. Commercial property amount insured reinstatement In respect of INSURING CLAUSE 5, in the event that the amount insured is partially reduced or totally exhausted due to the payment of a claim as a result of damage to your premises or contents, the amount insured will be automatically reinstated, provided: a. we do not give you written notice within 30 days of the notification of damage stating otherwise; b. where the amount of loss, net of the applicable deductible, exceeds $20,000 you pay an additional premium as advised by us; and c. you agree to any other risk management conditions requested by us. 8. Continuous cover In respect of INSURING CLAUSES 1 and 4 (SECTION F only), if during the period of a previous renewal of this Policy you neglected, through error or oversight only, to report to us an incident that might give rise to a claim, then provided you have maintained uninterrupted insurance of the same type with us since expiry of the previous renewal of this Policy, we will CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q cfc permit the incident to be reported to us under this Policy and we will indemnify you under this Policy in respect of any claim that arises out of the incident, provided: a. the indemnity will be subject to the applicable limit of liability of the previous renewal of this Policy under which the incident should have been reported to us or the applicable limit of liability, whichever is the lower; b. we may reduce the indemnity entitlement by the monetary equivalent of any prejudice which has been suffered as a result of the delayed notification; and c. the indemnity will be subject to all other terms and conditions of this Policy. We requireyou to provide full details of the incident, including but not limited to: a. the time, place and nature of the incident; b. the manner in which you first became aware of this incident; c. reasons whyyou believe that this incident could give rise to a claim; d. the identity of the potential claimant; and e. an indication as to the size of the claim that could result from this incident. For the avoidance of doubt, this Condition only applies to incidents that might give rise to a claim. 9. Cross liability and severability In respect of INSURING CLAUSE 4 only, where there is more than one entity insured under this Policy, and subject to the limit of liability, any claim made by one insured entity against another insured entity will be treated as if they are a third party and knowledge possessed by one insured entity will not be imputed to any other insured entity. 10. Dispute resolution All disputes or differences between you and us will be referred to mediation or arbitration and will take place in the country of registration of the company named as the insured in the Declarations page. In respect of any arbitration proceeding we will follow the applicable rules of the arbitration association in the country where the company stated as the insured in the Declarations page is registered, the rules of which are deemed incorporated into this Policy by reference to this Condition. Unless the applicable arbitration association rules state otherwise, a single arbitrator will be appointed who will be mutually agreed between you and us. If you and we cannot agree on a suitable appointment then we will refer the appointment to the applicable arbitration association. Each party will bear its own fees and costs in connection with any mediation or arbitration proceeding but the fees and expenses of the arbitrator will be shared equally between you and us unless the arbitration award provides otherwise. CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q cfc Nothing in this Condition is intended to remove your rights under CONDITION 22. However, if a determination is made in any mediation or arbitration proceeding, CONDITION 22 is intended only as an aid to enforce this determination. 11. Due diligence In respect of INSURING CLAUSE 5, you will at your own expense take all practicable steps during the period of the policyto: a. prevent loss of or damage to your premises or contents, including taking practicable steps to reduce the risk of theft of your contents whilst in anyvehicle by keeping them out of sight; b. maintain your premises or contents in a proper state of maintenance and repair; and c. take all reasonable steps to observe and comply with any applicable laws, obligations or requirements. 12. Establishing loss of contents If you make a claim under this Policy for loss of contents, you must reasonably establish how and when the incident took place. 13. Extended reporting period An extended reporting period of 60 days following the expiry date will be automatically granted at no additional premium. This extended reporting period will cover, subject to all other terms, conditions and exclusions of this Policy: a. in respect of INSURING CLAUSES 1 and 4 (SECTION F only), any claim first made against you during the period of the policy and reported to us during this extended reporting period; b. in respect of INSURING CLAUSES 2 and 3, any cyber event or loss first discovered by you during the period of the policy and reported to us during this extended reporting period; and c. any circumstance that a senior executive officer became aware of during the period of the policy and reports to us during this extended reporting period. No claim will be accepted by us in this 60 day extended reporting period if you are entitled to indemnity under any other insurance, or would be entitled to indemnity under such insurance if its limit of liability was not exhausted. 14. Optional extended reporting period If we or you decline to renew or cancel this Policy then you will have the right to have issued an endorsement providing an optional extended reporting period for the duration stated in the Declarations page which will be effective from the cancellation or non -renewal date. CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q fcfc This optional extended reporting period will cover, subject to all other terms, conditions and exclusions of this Policy: a. in respect of INSURING CLAUSES 1 and 4 (SECTION F only), any claim first made against you and reported to us during this optional extended reporting period, provided that the claim arises out of any act, error or omission committed prior to the date of cancellation or non -renewal; and b. in respect of INSURING CLAUSES 2 and 3, any cyber event or loss first discovered by you during this optional extended reporting period, provided that the cyber event or loss first occurred during the period of the policy. If you would like to purchase the optional extended reporting period you must notify us and pay us the optional extended reporting period premium stated in the Declarations page within 30 days of cancellation or non -renewal. The right to the optional extended reporting period will not be available to you where cancellation or non -renewal by us is due to non-payment of the premium or your failure to pay any amounts in excess of the applicable limit of liability or within the amount of the applicable deductible as is required by this Policy in the payment of claims. At the renewal of this Policy, our quotation of different premium, deductible, limits of liability or changes in policy language will not constitute non -renewal by us. 15. Fraudulent claims If it is determined by final adjudication, arbitral tribunal or written admission by you, that you notified us of any claim knowing it to be false or fraudulent in any way, we will have no responsibility to pay that claim, we may recover from you any sums paid in respect of that claim and we reserve the right to terminate this Policy from the date of the fraudulent act. If we exercise this right, we will not be liable to return any premium to you. However, this will not affect any non -fraudulent claim under this Policy which has been previously notified to us. 16. Maintenance of employee automobile liability insurance It is a condition precedent to indemnity under INSURING CLAUSE 4 (SECTIONS G and H only) that all employees who operate an automobile in the course of your business activities will maintain in full force and effect for the period of the policy primary automobile liability insurance in an amount equal to, or greater than, the minimum primary automobile liability limits required in the state of registration of the automobile. If you make a claim under INSURING CLAUSE 4 (SECTIONS G and H only) and the employee has failed to meet these requirements then this Policy will only respond to provide excess coverage as though the requirements had been met, wherebyyou agree to pay all sums within and up to the required minimum limit. CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q 6 cfc 17. Mergers and acquisitions If you acquire an entity during the period of the policy whose annual revenue does not exceed 20% of the company's annual revenue, as stated in its most recent annual financial statements, cover is automatically extended under this Policy to include the entity as a subsidiary. If you acquire an entity during the period of the policy whose annual revenue exceeds 20% of the company's annual revenue, as stated in its most recent annual financial statements, cover is automatically extended under this Policy to include the entity as a subsidiary for 45 days. We will consider providing cover for the acquired entity after the period of 45 days if: a. you give us full details of the entity within 45 days of its acquisition; and b. you accept any amendment to the terms and conditions of this Policy and agree to pay any additional premium required by us. In the eventyou do not comply with a. and b. above, cover will automatically terminate for the entity 45 days after the date of its acquisition. Cover for any acquired entity is only provided under this Policy for any act, error or omission committed or alleged to have been committed on or after the date of its acquisition. No cover will be automatically provided under this Policy for any acquired entity: a. whose business activities are materially different from your business activities; b. that has been the subject of any lawsuit, disciplinary action or regulatory investigation in the 3 year period prior to its acquisition; or c. that has experienced a cyber event in the 3 years period prior to its acquisition, if you have purchased INSURING CLAUSES 2 or 3 and the cyber event cost more than the highest deductible of INSURING CLAUSES 2 or 3. No cover will be provided under this Policy for premises or contents owned by any acquired entity prior to the date of acquisition. If during the period of the policy you consolidate, merge with or are acquired by another entity then cover under this Policy will continue to apply but only in respect of any act, error or omission committed or alleged to have been committed prior to the effective date of the consolidation, merger or acquisition. 18. Our rights of recovery If we make any payment under this Policy and you have any right of recovery against a third party in respect of this payment, then we will maintain this right of recovery. You will do whatever is reasonably necessary to secure this right and will not do anything after the event which gave rise to the claim to prejudice this right. CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q cfc We will not exercise any rights of recovery against any employee, unless this is in respect of any fraudulent or dishonest acts or omissions as proven by final adjudication, arbitral tribunal or written admission by the employee. Any recoveries will be applied as follows: a. towards any recovery expenses incurred by us; b. then to us up to the amount of our payment under this Policy, including costs and expenses; c. then to you as recovery of your deductible. 19. Prior subsidiaries Should an entity cease to be a subsidiary after the inception date, cover in respect of the entity will continue as if it was still a subsidiary during the period of the policy, but only in respect of an act, error, omission or event occurring prior to the date that it ceased to be a subsidiary. 20. Process for paying privacy breach notification costs Any privacy breach notification transmitted by you or on your behalf must be done with our prior written consent. We will ensure that notification is compliant with any legal or regulatory requirements and contractual obligations. No offer must be made for financial incentives, gifts, coupons, credits or services unless with our prior written consent which will only be provided if the offer is commensurate with the risk of harm. We will not be liable for any portion of the costs you incur under INSURING CLAUSE 2 (SECTION C only) that exceed the costs that you would have incurred had you gained our prior written consent. In the absence of our prior written consent we will only be liable to pay you the equivalent cost of a notification made using the most cost effective means permissible under the governing law. 21. Waiver of subrogation Notwithstanding CONDITION 18, we agree to waive our rights of recovery against any third party if, prior to the claim or incident which you reasonably expected to give rise to a claim, you entered into a contract that contains a provision requiring you to do this. 22. Choice of law, jurisdiction and service of suit In the event of a dispute between you and us regarding this Policy, the dispute will be governed by the laws of the State of the United States of America shown as the choice of law stated in the Declarations page. We agree, at your request, to submit to the jurisdiction of a court of competent jurisdiction within the United States of America. Nothing in this Condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States of CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q America, to move an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or the laws of any State of the United States of America. It is further agreed that service of process in such suit may be made upon the representative stated in the Declarations page and that in any suit instituted against us, we will abide by the final decision of such court or of any appellate court in the event of an appeal. The representative stated in the Declarations page is authorized and directed to accept service of process on our behalf in any such suit and, at your request, to give a written undertaking to you that they will enter a general appearance on our behalf in the event such suit is instituted. Additionally, in accordance with the statute of any state, territory or district of the United States which makes such a provision, we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by you arising out of this Policy. The representative stated in the Declarations page is hereby designated as the person to whom the above mentioned officer is authorized to mail such process or a copy thereof. CFC Underwriting Limited is Authorized and Regulated by the Financial Conduct Authority ©1999-2023 CFC Underwriting Ltd, All Rights Reserved Professionsv4.Q POLICY NUMBER: 9943576U5 Blanket Additional Insured Endorsement This endorsement modifies insurance provided hvthe Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears onthe declarations page. All terms and conditions ofthe policy apply unless modified bythis endorsement. if you pay the fee for this Blanket Additional insured Endorsement, woeagree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only tuthe extent ofthat liability. This endorsement does not apply toacts, unoiyyions,products, work, oroperations ofthe additional insured. Re8ard|essof1heprovisionsofparagrapha.andb.ofdhe"O1her|nsurance"daoseof1hbooigy,ifthe person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies, then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person ororganization, signed and executed byyou before the bodily injury orprmpertVdomoege occurs and in effect during the policy period, requires this insurance to be primary and non- contributory. in no way does this endorsement waive the 'Other insurance" clause of the policy,nor make this policy POLICY NUMBER: 994357605 Form 2367 (06/10) M_CL Blanket Waiver of Subrogation Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Waiver of Subrogation Endorsement, we agree to waive any and all subrogation claims against any person or organization with whom a written waiver agreement has been executed by the named insured, as required by written contract, prior to the occurrence of any loss. Policy Number: CSX00090224P-02 201 E. Fifth Street, Suite 1200 IT Cincinnati, OH 45202 Tel: 844-722-7827 StarStone Fax: 513-599-7501 v.com www.corespecialtv.com Report claims to: claims@corespecialty.com AKI of the Ccre SpecialtyCw)vp STARSTONE SPECIALTY INSURANCE CO. FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY In consideration of the payment of premium and in reliance upon the statements in the Declarations of this Policy, Starstone Specialty Insurance Co., hereinafter referred to as the Insurer, agrees as follows: SECTION I. - COVERAGE A. This Policy shall provide the Insured with Excess Liability Insurance coverage in accordance with the same warranties, terms, conditions, exclusions and limitations as are contained, on the Inception Date of this Policy, in the Followed Policy set forth in Item 7. of the Declarations of this Policy, subject to the premium, limits of liability, retention, policy period, warranties, exclusions, limitations and any other terms and conditions of this Policy including any and all endorsements attached hereto, inconsistent with or supplementary to the Followed Policy. B. Notwithstanding A. above, in no event shall this Policy follow the terms, conditions, exclusions or limitations in the Followed Policy or provide coverage under this Policy with respect to or as a result of any of the following clauses or similar clauses in the Followed Policy: 1. Liberalization clause; 2. Cancellation, non -renewal or change in terms provisions; 3. State -specific No-fault, Uninsured Motorist or Underinsured Motorist law, or any similar law; 4. Crisis Management or Crisis Response endorsement; or 5. Sublimit of liability, unless coverage for such sublimit is specifically endorsed to this Policy. SECTION II. - LIMITS OF LIABILITY A. Where an amount is shown for the aggregate limit of liability in Item 5. of the Declarations of this Policy, the amount stated is the most the Insurer will pay for all damages covered under this Policy with respect to Coverage subject to an aggregate limit of liability in the Followed Policy. B. Subject to A. above, the per occurrence, per claim, or per loss limit of liability stated in Item 5. of the Declarations of this Policy is the most the Insurer will pay for all damages arising out of any one occurrence, claim or loss as stated in the Followed Policy. C. Defense costs to which this Policy applies shall not reduce the limits of liability stated in A. and B. above, except to the extent costs covered under the Followed Policy reduce the limits of liability of the Followed Policy. SECTION III. - RETENTION SSS EXS 0001 CW 03 21 Page 1 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY A. The Limits of Liability stated in Item 5. of the Declarations of this Policy apply in excess of: 1. The total of the limits of liability of the Underlying Policies applicable on a per occurrence, per claim or per loss basis, but in no event in an amount less than the total of the per occurrence, per claim or per loss limits of liability of the Underlying Excess Policies stated in Item 6 of the Declarations of this Policy; 2. The total of the limits of liability of the Underlying Policies applicable on an aggregate basis, where an amount is shown in the aggregate limit of liability of the Underlying Policies stated in Item 6 of the Declarations of this Policy, but in no event in any amount less than the aggregate limits of liability of the Underlying Excess Policies stated in Item 6. of the Declarations of this Policy; 3. The self -insured retention under the Followed Policy, if any, where the aggregate limits of liability determined in 2. above, has been exhausted. B. This Policy will not apply in excess of any reduced or exhausted limits of liability of the Underlying Policies to the extent that such reduction or exhaustion is caused by: 1. Payment of amounts on account of occurrences or claims that are not covered under this Policy; 2. Uncollectibility in whole or in part of the limits of liability of an Underlying Policy. C. Notwithstanding B.1. above, defense costs incurred by the Underlying Policies shall not reduce the limits of liability of such Underlying Policies, except to the extent defense costs incurred by underlying insurance, including self -insured retentions, reduce the Insured's retained limit of liability under the Followed Policy. SECTION IV. - EXCLUSIONS This Policy shall not apply to: A. ASBESTOS Any bodily injury, property damage, personal injury, advertising injury, arising out of: 1. The manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers, asbestos dust or products or materials containing asbestos; 2. Any obligation of the insured to indemnify any party because of damages arising out of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to SSS EXS 0001 CW 03 21 Page 2 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY asbestos, asbestos products, asbestos fibers, asbestos dust or products or materials containing asbestos; or 3. Any obligation to defend any suit or claim against the insured that seeks damages if such suit or claim arises as the result of the manufacture of, mining of, use of, sale of, installation of, removal of, distribution of or exposure to asbestos, asbestos products, asbestos fibers, asbestos dust or products or materials containing asbestos. B. EMPLOYMENT -RELATED PRACTICES LIABILITY Any liability, defense costs or damages which arise out of any: 1. Refusal to employ; 2. Termination of employment; 3. Coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, or other employment -related practices, policies acts or omissions; 4. Consequential bodily injury or personal injury as a result of 1. through 3. above; or 5. Any liability arising from or in any way in connection with the actual, alleged, potential or attempted actions in the course of any employer -employee relationship. This exclusion applies whether the insured may be held liable as an employer or in another capacity and to any of your obligation to share damages with or to repay someone else who must pay damages because of the injury. C. RADIOACTIVE MATTER Any liability arising out of any radioactive matter, whether or not naturally occurring. D. KNOWN LOSS Any liability arising out of any claim or of any occurrence likely to give rise to a claim, of which a Responsible Insured was aware prior to the Inception Date set forth in Item 2. of the Declarations of this Policy, regardless of whether such Responsible Insured believed such claim or occurrence would involve this Policy. For the purposes of this Exclusion, the following definitions apply: Responsible Insured means an Executive Officer of the Insured, or any manager or equivalent level employee in the Insured's Risk Management, Insurance or Law Department. SSS EXS 0001 CW 03 21 Page 3 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY Executive Officer means the Chairman of the Board, President, Chief Executive, Operating, Financial and Administrative Officers, Managing Directors, or any Executive or Senior Vice President of the Insured. Where such title is inapplicable, the equivalent level of personnel shall be substituted. E. EXPECTED OR INTENDED Any liability expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. F. ADVERTISING INJURY Any liability arising out of 1. A breach of contract, except an implied contract to use another's advertising idea in the course of advertising your goods, products or services; 2. The failure of goods, products or services to conform with any statement of quality or performance made in the course of advertising your goods, products or services; or 3. The wrong description of the price of goods, products or services stated in the course of advertising your goods, products or services. G. WORKERS COMPENSATION Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. H. POLLUTION LIABILITY 1. Any liability arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: a. At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured; b. At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; c. Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for any insured or any person or organization for whom you may be legally responsible; d. At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations: SSS EXS 0001 CW 03 21 Page 4 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY 1) If the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor; or 2) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; e. If the bodily injury or property damage is included within the products -completed operations hazard; f. That are, or that are contained in any property that is: 1) Being transported or towed by, or handled for movement into, onto or from, the covered auto; 2) Otherwise in the course of transit by or on behalf of the insured; or 3) Being stored, disposed of, treated or processed in or upon the covered auto. g. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto; or h. After the pollutants or any property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered, disposed of or abandoned by the insured. 2. Pollution cost or expense. I. PROPERTY DAMAGE 1. Property damage to: a. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; b. Premises you sell, give away or abandon, if the property damage arises out of any part of those premises; c. Property loaned to you; d. Personal property in the care, custody or control of the insured; SSS EXS 0001 CW 03 21 Page 5 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY e. That particular part of real property on which you or any contractors or subcontractors directly or indirectly on your behalf are performing operations, if the property damage arises out of those operations; or f. That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. 2. Sub -paragraphs a., c. and d. of this exclusion do not apply to property damage (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. 3. Sub -paragraph b. of this exclusion does not apply if the premises are your work and were never occupied, rented or held for rental by you. 4. Sub -paragraphs c., d., e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. 5. Sub -paragraph f. of this exclusion does not apply to property damage included in the products - completed operations hazard. J. PROPERTY DAMAGE TO YOUR PRODUCT Property damage to your product arising out of it or any part of it. K. PROPERTY DAMAGE TO YOUR WORK Property damage to your work arising out of it or any part of it and included in the products -completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. L. PROPERTY DAMAGE TO IMPAIRED PROPERTY Property damage to impaired property or property that has not been physically injured, arising out of: 1. A defect, deficiency, inadequacy or dangerous conditions in your product or your work; or 2. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of tangible property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. M. PRODUCT RECALL Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: SSS EXS 0001 CW 03 21 Page 6 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY 1. Your product; 2. Your work; or 3. Impaired property; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. N. AIRCRAFT Any bodily injury or property damage included within the products -completed operations hazard and arising out of any aircraft product or the grounding of any aircraft. O. WAR Bodily injury, personal injury or property damage that results from, or any condition that is incidental to, any of the following: (a) war, whether or not declared; (b) civil war; (c) insurrection; (d) rebellion; (e) revolution; (f) warlike operations. P. FUNGI OR BACTERIA 1. Bodily injury, property damage, personal injury or advertising injury which would not have occurred, in whole or in part, but for the actual, alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage; or 2. Any loss, cost or expenses arising out of the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way resp nding to, or assessing the effect of, fungi or bacteria, by you or any other person or entity. This exclusion does not apply to any fungi or bacteria that are, are on, or are contained in, a food product intended for consumption. As used in this exclusion, fungi means any type or form of fungus, including mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. Q. UNINSURED/UNDERINSURED MOTORIST Any liability imposed on the insured, or the insured's insurer, under any of the following laws: 1. Uninsured motorists; SSS EXS 0001 CW 03 21 Page 7 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY 2. Underinsured motorists; 3. Auto no-fault laws or other first party personal injury laws; or 4. Medical expense benefits and income loss benefits laws of any applicable state or jurisdiction. R. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM With respect to any one or more certified acts of terrorism, we will not pay any amounts for which we are not responsible under the terms of the federal Terrorism Risk Insurance Act of 2002 (including subsequent acts of Congress pursuant to the Act) due to the application of any clause which results in a cap on our liability for payments for terrorism losses. Certified act of terrorism means an act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2007. The federal Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism Risk Insurance Program Reauthorization Act of 2007 sets forth the following criteria for a certified act of terrorism: 1. The act resulted in aggregate losses in excess of $ 100 million; and 2. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals acting part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. S. LIMITED TERRORISM EXCLUSION (OTHER THAN CERTIFIED ACTS) Damages arising, directly or indirectly, out of any act of terrorism other than a certified act of terrorism. T. PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM Damages arising, directly or indirectly, out of a certified act of terrorism that are awarded as punitive damages. SSS EXS 0001 CW 03 21 Page 8 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY U. SILICA Any loss, claim or occurrence, whether for bodily injury, property damage, personal injury or advertising injury arising out of or in any way related to the actual, alleged or threatened discharge, dispersal, emission, release, escape, handling, contact with, exposure to or inhalation, ingestion or respiration of silica or products or substances containing silica or silicon dioxide in any form including, but not limited to, silica dust, sand or otherwise, or work involving the use of or handling of silica or silicon dioxide in any form, even if other causes are alleged to contribute to or aggravate such loss, claim or occurrence. 2. This insurance also does not apply to any loss, claim or occurrence --arising from or related to: a. Any supervision, instruction, recommendations, warnings or advice given or which should have been given in connection with the events described in Paragraph 1. above; and b. Any obligation to indemnify, defend, share damages with or repay someone else who must pay damages because of events described in Paragraph 1. above; and c. Any fines or penalties imposed because of events described in Paragraph 1. above. V. LEAD Any liability arising out of the manufacture, distribution, sale, installation, removal, utilization, ingestion, or inhalation of, presence of or exposure as the case may be to lead or any material or product(s) containing lead. W. INVERSE CONDEMNATION EXCLUSION Any liability arising out of, or in any way connected with, the principles of eminent domain, adverse possession, dedication by adverse use, condemnation proceedings, or inverse condemnation, by whatever name called, and whether such liability accrues directly against you or by virtue of any agreement entered by or on your behalf. X. NANOTECHNOLOGY 1. Any liability related to the actual, alleged, or threatened presence of or exposure to nanotubes or nanotechnology in any form, or to harmful substances emanating from nanotubes or nanotechnology. This includes the use of, consumption of, ingestion of, inhalation of, absorption of, contact with, existence of, presence of, proliferation of, discharge of, dispersal of, seepage of, migration of, release of, escape of; or exposure to nanotubes or nanotechnology. Such injury SSS EXS 0001 CW 03 21 Page 9 of 16 0 StarStone 1100 of the com %XKinay imxup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY from or exposure to nanotubes or nanotechnology also includes, but is not limited to: a. The existence, storage, handling or transportation of nanotubes or nanotechnology; b. The removal, abatement or containment of nanotubes or nanotechnology from any structures, materials, goods, products, or manufacturing process; c. The disposal of nanotubes or nanotechnology; d. Any structures, manufacturing processes, or products containing nanotubes or nanotechnology; e. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage; f. Any product manufactured, sold, handled, or distributed by you or on your behalf which contains nanotubes or nanotechnology; or g. Any supervision, instructions, recommendations, warranties (express or implied), warnings or advice given or which should have been given. 2. Any loss, cost or expense including, but not limited to, payment for investigations or defense, fines, penalties, interest and other costs or expenses, arising out of any: a. Claim, suit, demand, judgment, obligation, order, request, settlement, or statutory or regulatory requirement that you or any other person or entity test for, monitor, clean up, remove, contain, mitigate, treat, neutralize, remediate, or dispose of, or in any way respond to, or assess the actual or alleged effects of nanotubes or nanotechnology; or b. Claim, suit, demand, judgment, obligation, request, or settlement due to any actual, alleged, or threatened injury or damage from nanotubes or nanotechnology or testing for, monitoring, cleaning up, removing, containing, mitigating, treating, neutralizing, remediating, or disposing of, or in any way responding to or assessing the actual or alleged effects of, nanotubes or nanotechnology by any insured or by any other person or entity; or c. Claim, suit, demand, judgment, obligation, or request to investigate which would not have occurred; in whole or in part, but for the actual or alleged presence of or exposure to nanotubes or nanotechnology; This exclusion applies regardless of who produced, installed, used, owned, sold, distributed, handled, stored or controlled the nanotubes or nanotechnology. With respect to this exclusion, the following definitions apply: Nanotubes means hollow cylinders of carbon atoms or carbon fibers or any type or form of nanotechnology which contain remarkable strength and electrical properties used in any products, goods, or materials. 2. Nanotechnology means engineering at a molecular or atomic level. SSS EXS 0001 CW 03 21 Page 10 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY Y. NUCLEAR Bodily injury or property damage: 1. a. With respect to which an insured under the Policy is also an insured under a nuclear energy liability Policy issued by Nuclear Energy Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such Policy but for its termination upon exhaustion of its limit of liability; or b. Resulting from the hazardous properties of nuclear material and with respect to which a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or b) the insured is, or had this Policy not been issued would be, entitled to indemnity from the United states of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. 2. Bodily injury or property damage resulting from the hazardous properties of nuclear material, if: a. The nuclear material a) is at any nuclear facility owned by, or operated by or on behalf of, an insured or b) has been discharged or dispersed therefrom; b. The nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an insured; or c. The bodily injury or property damage arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this Sub -paragraph c. applies only to property damage to such nuclear facility and any property thereat. 3. As used in this Exclusion Y.: a. Hazardous properties include radioactive, toxic or explosive properties; b. Nuclear material means source material, special nuclear material or by-product material; c. Source material, special nuclear material, and by-product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; d. Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; SSS EXS 0001 CW 03 21 Page 11 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY e. Waste means any waste material (a) containing by-product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, and (b) resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. f. Nuclear facility means: 1) Any nuclear reactor; 2) Any equipment or device designed or used for: a) Separating the isotopes of uranium or plutonium; or b) Processing or utilizing spent fuel, or c) Handling, processing or packaging waste; 3) Any equipment or device used for the processing, fabricating or allying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; or 4) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; g. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material; h. Property damage includes all forms of radioactive contamination of property. SECTION V. - DEFINITIONS The following Definitions apply to this Policy: A. Followed Policy means the policy listed in Item 7. of the Declarations of this Policy. SSS EXS 0001 CW 03 21 Page 12 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY B. Underlying Policies means those policies that are scheduled in the Schedule of Underlying Excess Policies in Item 6. of the Declarations of this Policy and any other applicable underlying insurance, including any self -insured retentions. SECTION VI. - CONDITIONS A. CANCELLATION CLAUSE This Policy may be canceled by the first Named Insured listed in Item 1. of the Declarations of this Policy by mailing or delivering to the Insurer at the address set forth in Item 9(b) of the Declarations advance written notice of cancellation. This Policy may be canceled by or on behalf of the Insurer by delivering to the first Named Insured or by mailing to the first Named Insured, by registered, certified, or other first class mail, at the first Named Insured's address set forth in Item 1. of the Declarations, written notice stating when thereafter, not less than fifteen (15) days in the event any premium is not paid when due, and not less than sixty (60) days in all other cases, cancellation shall be effective. Proof of mailing of such notice as aforesaid shall be sufficient proof of notice. It is agreed that the first Named Insured shall act on behalf of all Insureds with respect to giving and receiving notice of cancellation. The Policy Period terminates at the date and hour specified in such notice, but in case of notice of cancellation by the first Named Insured, in no event prior to the date such notice is received by the Insurer. 2. If this Policy shall be canceled by the first Named Insured, the Insurer shall return ninety percent (90%) of the unearned portion of the premium calculated on a pro rata basis unless there is a Minimum Earned Premium set forth in Item 8 (b) of the Declarations, in which case the Insurer will retain the Minimum Earned Premium and return the difference, if any, between the Minimum Earned Premium and the unearned portion of the premium calculated on a pro rata basis. 3. If this Policy shall be canceled by the Insurer, the Insurer shall return to the first Named Insured the unearned portion of the premium calculated on a pro rata basis. 4. Payment or tender of any unearned premium by the Insurer shall not be a condition precedent to the effectiveness of cancellation but such payment shall be made as soon as practicable. B. ASSISTANCE AND COOPERATION 1. The Insurer shall have the right but not the duty to assume charge of the defense or settlement of any claim or suit against the Insured to which this Policy may apply upon exhaustion of the applicable limits of liability of the Underlying Policies. If the Insurer has exercised such right, it may withdraw from the defense and tender the defense to the Insured upon exhaustion of the applicable limits of liability under this Policy. If the Insurer does not exercise the right to assume charge of such defense or settlement, or if the applicable limits of the Underlying Policies are not exhausted, the Insurer shall have the right and shall be given the opportunity to associate effectively with the Insured or the Underlying Insurer or both, in the defense and control of any claim or suit likely to involve this Policy. In such events, the Insured, the Underlying Insurer and the Insurer shall cooperate in the defense of such claim or suit. SSS EXS 0001 CW 03 21 Page 13 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY 2. The Insured shall not, except at its own expense, settle any claim or suit or incur any defense costs for an amount to which this Policy applies without the Insurer's written consent. C. CHANGES IN FOLLOWED POLICIES If during the Policy Period of this Policy, the terms, conditions, exclusions or limitations of the Followed Policy are changed in any manner from those in effect on the inception date of this Policy, the Insured shall as a condition precedent to its rights under this Policy give to the Insurer as soon as practicable written notice of the full particulars thereof. This Policy shall become subject to any such changes upon the effective date of the changes in the Followed Policy, but only upon the condition that the Insurer agrees to follow such changes in writing and the Insured agrees to any additional premium or amendment of the provisions of this Policy required by the Insurer relating to such changes. Further, such change in coverage is conditioned upon the Insured's payment when due of any such additional premium required by the Insurer relating to such changes. D. MAINTENANCE OF UNDERLYING INSURANCE While this Policy is in effect, the Insured agrees to maintain the Underlying Policies in full force. The Insured's failure, or the failure of others, to comply with this Condition will not invalidate this Policy, but in the event of such failure, the Insurer will only be liable to the same extent as if there had been compliance. E. PAYMENT OF PREMIUM The first Named Insured listed in Item 1 of the Declarations of this Policy shall be responsible for and act on behalf of all Insureds with respect to the payment of any premiums due under this Policy. F. REQUIRED NOTICES TO INSURER BY INSURED 1. Notice of Occurrence, Offense, Claim or Loss a. The Insured shall, as a condition precedent to the obligations of the Insurer under this Policy, give written notice as soon as practicable to the Insurer of any occurrence, offense, claim or suit likely to involve this Policy. b. Without limiting the requirements of paragraph a. above, the Named Insured shall separately, and as soon as practicable, give written notice to the Insurer when a payment is made or reserve established for any occurrence, offense, claim or suit which has brought the total of all payments and reserves by the Insured, or Underlying Insurers to a level of twenty-five percent (25%) or more of the Underlying Aggregate Limit. SSS EXS 0001 CW 03 21 Page 14 of 16 0 StarStone Pon of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, CH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.coresr)ecialtv.com Report claims to: claims@corespecialty.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY 2. Notice Regarding Underlying Insurance The Insured shall, as a condition precedent to the obligations of the Insurer under this Policy, give written notice to the Insurer of the following events as soon as practicable but in no event later than thirty (30) days after an Insured has become aware of the event: a. Any Underlying Policy being cancelled or non -renewed or otherwise ceasing to be in effect or being uncollectible in part or in whole; or b. Any underlying insurer being subject to a receivership, liquidation, dissolution, rehabilitation or any similar proceeding or being taken over by any regulatory authority. 3. Notice Regarding Material Change The Insured shall, as a condition precedent to the obligations of the Insurer under this Policy, give written notice to the Insurer of the following events as soon as practicable but in no event later than thirty (30) days after an Insured has become aware of the event: that the Named Insured is consolidating with or merging with or into, or transferring all or substantially all of its assets to, or acquiring or being acquired by any natural person or entity or group of natural persons and/or entities acting in concert. With respect to the Notice required in Paragraphs 1., 2. and 3. of this Condition F., notice to an Underlying Insurer shall not constitute notice to the Insurer of this policy. Notice under this Policy shall be given to the Insurer at the appropriate address set forth in Item 9. of the Declarations of this Policy. G. RESTRICTIVE AS UNDERLYING Notwithstanding any provision to the contrary in this Policy, including, without limitation, the Coverage provisions in Section I of this Policy, if any Underlying Policy with limits in excess of the Followed Policy but underlying to this Policy (the "Intervening Policy") contains warranties, terms, conditions, exclusions or limitations more restrictive than the Followed Policy, whether on the effective date of this Policy or at any time during the Policy Period of this Policy, then this Policy shall be deemed to follow those more restrictive warranties, terms, conditions, exclusions or limitations of the Intervening Policy. H. UNIMPAIRED UNDERLYING LIMITS The Insured warrants that the aggregate limits of the Underlying Policies, as shown in the Schedule of Underlying Insurance, shall be unimpaired as of the effective date of this Policy. In the event such underlying aggregate limits are impaired as of the effective date of this Policy, this Policy shall apply as if such aggregate limits were unimpaired. In the event of non -concurrent policy periods between this Policy and Underlying Policies, only occurrences, claims, or losses that would be covered during the policy period of this Policy shall be considered in determining the extent of any erosion or SSS EXS 0001 CW 03 21 Page 15 of 16 0 StarStone Pan of Phe Core Speti©ry Cqoup STARSTONE SPECIALTY INSURANCE CO. 201 E. Fifth Street, Suite 1200 Cincinnati, OH 45202 Tel: 844-722-7827 Fax: 513-599-7501 www.corespecialtv.com Report claims to: claims@corespecialtv.com FOLLOWING FORM EXCESS LIABILITY INSURANCE POLICY exhaustion of the underlying aggregate limits, and the Insured shall retain liability for any resulting gap in coverage. I. SERVICE OF SUIT Pursuant to any statute of any state, territory or District of the United States which makes provision therefore, the Insurer hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder, arising out of this Policy. IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its Authorized Representative and countersigned on the Declarations Page by a dully authorized agent of the Insurer. President Secretary I / ��' - �-r SSS EXS 0001 CW 03 21 Page 16 of 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEC Z03688 Endorsement Number: Effective Date: 04/29/25 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: DE NOVO PLANNING GROUP, INC. 1020 SUNCAST LN STE 106 EL DORADO HILLS CA 95762 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 03/20/25 Policy Expiration Date: 04/29/26 ACOR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/15/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Inszone Insurance Services, LLC 2721 Citrus Road, Suite A Cordova, CA 95742 CONTACT NAME: Certificate Team PHONE FAX A/C No EXt: 877-308-9663 vc,No:916-400-2625 E-MRancho ADDRESS: certs@inszoneins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Certain Underwriter's at Lloyd's London 32727 License#: OF82764 INSURED DENOVOP-01 De Novo Planning Group 1020 Suncrest Lane, Suite 106 INSURERB: United Financial Casualty Co. 11770 INSURERC: Starstone Specialty Insurance Co. 44776 INSURERD: Hartford Casualty Insurance Company 29424 El Dorado Hills, CA 95762 INSURERE: Arch Specialty Insurance Company 21199 INSURER F : COVERAGES CERTIFICATE NUMBER:419753231 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y PSNO140348538 4/29/2025 4/29/2026 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $ 250,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY PRO ❑ LOC JECT X PRODUCTS - COMP/OP AGG $ 2,000,000 Hired & Non -Owned $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY Y Y 994357605 9/15/2025 3/15/2026 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X FIR ERTYDAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C UMBRELLA LAB X OCCUR Y Y CSX00090224P-02 4/29/2025 4/29/2026 EACH OCCURRENCE $1,000,000 X AGGREGATE $ 1,000,000 EXCESS LAB CLAIMS -MADE DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE Y 57WECZ03688 4/29/2025 4/29/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICE R/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Professional Liability PSNO140348538 4/29/2025 4/29/2026 Aggregate/Each Claim $2,000,000 A E Errors & Omission Cyber Liability PSNO140348538 C-4LPT-161699-CYBER -2025 4/29/2025 6/9/2025 4/29/2026 6/9/2026 Aggregate/Each Claim Aggregate $2,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) Pollution Liability - Policy Number: PSNO140348538 - Effective Date: 4/29/2025 - Expiration Date: 4/29/2026 - Aggregate/Each Claim: $2,000,000 - Insurer: Certain Underwriter's at Lloyd's London - NAIC #32727 Additional Insured on the General Liability and Auto Liability. Primary and Non -Contributory on the General Liability and Auto Liability. Waiver of Subrogation on the General Liability, Auto Liability and Workers Compensation. Excess follows form, subject to the terms and conditions of the policy. The aforementioned coverage is provided to the extent in the attached forms for: City of Santa Ana. CERTIFICATE HOLDER APPROVED CANCELLATION By Tu Tran Nguyen at 9:10 am, Sep 16, 2025 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Digitally signed THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana TU Tran byT.Tran ACCORDANCE WITH THE POLICY PROVISIONS. Nguyen Planning and Building Agency Nguyen Date: 2025.09.16 20 Civic Center Plaza 09:10:54-07'00' AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 csT.— © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 9943576U5 Blanket Additional Insured Endorsement This endorsement modifies insurance provided hvthe Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears onthe declarations page. All terms and conditions ofthe policy apply unless modified bythis endorsement. if you pay the fee for this Blanket Additional insured Endorsement, woeagree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only tuthe extent ofthat liability. This endorsement does not apply toacts, unoiyyions,products, work, oroperations ofthe additional insured. Re8ard|essof1heprovisionsofparagrapha.andb.ofdhe"O1her|nsurance"daoseof1hbooigy,ifthe person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies, then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person ororganization, signed and executed byyou before the bodily injury orprmpertVdomoege occurs and in effect during the policy period, requires this insurance to be primary and non- contributory. in no way does this endorsement waive the 'Other insurance" clause of the policy,nor make this policy POLICY NUMBER: 994357605 Form 2367 (06/10) M_CL Blanket Waiver of Subrogation Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Waiver of Subrogation Endorsement, we agree to waive any and all subrogation claims against any person or organization with whom a written waiver agreement has been executed by the named insured, as required by written contract, prior to the occurrence of any loss. DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 3/11/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Team Inszone Insurance Services, LLC PHONE FAX 2721 Citrus Road, Suite A A/C No Ext: 877-308-9663 A/c,No):916-400-2625 E-MRancho Cordova, CA 95742 ADDRESS: certs@inszoneins.com INSURER(S)AFFORDING COVERAGE NAIC# License#:OF82764 INSURERA: Certain Underwriter's at Lloyd's London 32727 INSURED DENOVOP-01 INSURERB: United Financial Casualty Co. 11770 De Novo Planning Group INSURERC: Starstone Specialty Insurance Co. 44776 1020 Suncast Lane El Dorado Hills, CA 95762 INSURERD: Fortegra Specialty Insurance Company 16823 INSURERE: Sentinel Insurance Company, LTD 11000 INSURER F: COVERAGES CERTIFICATE NUMBER:1509766382 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 PSNO140348538 4/29/2025 4/29/2026 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $250,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY❑ PRO ❑ JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: Hired/Non-Owned Auto $1,000,000 B AUTOMOBILE LIABILITY Y Y 994357605 3/15/2026 9/15/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C UMBRELLA LAB X OCCUR CSX00090224P-02 4/29/2025 4/29/2026 EACH OCCURRENCE $1,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ $ E WORKERS COMPENSATION Y 57VVECZ03688 4/29/2025 4/29/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ 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 Pollution Liability PSNO140348538 4/29/2025 4/29/2026 Aggregate/Each Claim $2,000,000 A Errors&Omission PSNO140348538 4/29/2025 4/29/2026 Aggregate/Each Claim $2,000,000 D Cyber Liability C-4LPT-161699-CYBER-2025 6/9/2025 6/9/2026 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Additional Insured on the General Liability and Auto Liability. Primary and Non-Contributory on the General Liability and Auto Liability.Waiver of Subrogation on the General Liability,Auto Liability and Workers Compensation. Excess follows form,subject to the terms and conditions of the policy. The aforementioned coverage is provided to the extent in the attached forms for:City of Santa Ana. VAPPR'JOVED CERTIFICATE HOLDER CANCELLATION an Nguyen at 2:08 pm,Apr 01,2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Planning and Building Agency 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 ` @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:994357605 Form 236602M1> M CL Blanket Additional Insured Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy,Motor Truck Cargo Legal Liability Coverage Endorsement,and/or Commercial General Liability Coverage Endorsement,as appears on the declarations page.All terms and conditions of the policy apply unless modified by this endorsement. if you pay the fee for this Blanket Additional Insured Endorsement,we agree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only to the extent of that liability.This endorsement does not apply to acts,omissions, products,work, or operations of the additional insured. Re0ard|exsuftheproviyionyofparaQrapha.andb.ofthe"Other|nsurance"dauseofthis policy, ifthe person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies,then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person or organization,signed and executed by you before the bodily injury or property damage occurs and in effect during the policy period, requires this insurance to be primary and non- contributory. in no way does this endorsement waive the'Other insurance"clause of the policy, nor make this policy primary to third parties hired by the insured to perform work for the insured or on the insured's behalf. ALLOTHERTENRHS, L|MIT5,AND PROVISIONS[)F THE POLICY REMAIN UNCHANGED. POLICY NUMBER:994357605 Form 2367 (06/10)M_CL Blanket Waiver of Subrogation Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy,Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial Goncral Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Waiver of Subrogation Endorsement, we agree to waive any and all subrogation claims against any person or organization with whom a written waiver agreement has been executed by the named insured, as required by written contract, prior to the occurrence of any loss. ALL OTHER TERMS, LIMITS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 4/24/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Certificate Team Inszone Insurance Services, LLC PHONE FAX 2721 Citrus Road, Suite A A/C No Ext: 877-308-9663 A/c,No):916-400-2625 E-MRancho Cordova, CA 95742 ADDRESS: certs@inszoneins.com INSURER(S)AFFORDING COVERAGE NAIC# License#:OF82764 INSURERA: Certain Underwriter's at Lloyd's London 32727 INSURED DENOVOP-01 INSURERB: United Financial Casualty Co. 11770 De Novo Planning Group INSURERC: Starstone Specialty Insurance Co. 44776 1020 Suncast Lane El Dorado Hills, CA 95762 INSURERD: Hartford Casualty Insurance Company 29424 INSURERE: Fortegra Specialty Insurance Company 16823 INSURER F: COVERAGES CERTIFICATE NUMBER:1093124708 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 PS00240783624 4/29/2026 4/29/2027 EACH OCCURRENCE $2,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $250,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY❑ PRO ❑ JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: Hired/Non-Owned Auto $1,000,000 B AUTOMOBILE LIABILITY Y Y 994357605 3/15/2026 9/15/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C UMBRELLA LAB X OCCUR CSX00090224P-03 4/29/2026 4/29/2027 EACH OCCURRENCE $1,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $1,000,000 DED RETENTION$ $ D WORKERS COMPENSATION Y 57VVECZ03688 4/29/2026 4/29/2027 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ 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 Errors and Omissions Liability PS00240783624 4/29/2026 4/29/2027 Aggregate/Each Claim $2,000,000 A Pollution Liability PS00240783624 4/29/2026 4/29/2027 Aggregate/Each Claim $2,000,000 E Cyber Liability C-4LPT-161699-CYBER-2025 6/9/2025 6/9/2026 Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured on the General Liability and Auto Liability. Primary and Non-Contributory on the General Liability and Auto Liability.Waiver of Subrogation on the General Liability,Auto Liability and Workers Compensation. Excess follows form,subject to the terms and conditions of the policy. The aforementioned coverage is provided to the extent in the attached forms for:City of Santa Ana. APPROVED CERTIFICATE HOLDER CANCELLATION By Tu Tran Nguyen at 9:16 am,Apr 28,2026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Planning and Building Agency 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana, CA 92701 ` @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: PSO0240783624 cfC b. in respect of INSURING CLAUSES 3, 4 and 6, report the theft or incident as soon as is reasonably practicable to the appropriate law enforcement authorities and provide us with a copy of this report on our request; c. provide us in a timely manner with any other information and assistance that we may request; d. in respect of INSURING CLAUSE 4, not incur any costs or promise any payment, including any ransom payment, without our prior written agreement (which will not be unreasonably withheld);and e. not admit liability for or settle or make or promise any payment or incur any costs and expenses without our prior written agreement (which will not be unreasonably withheld). In respect of INSURING CLAUSES 1 and 5 (SECTION F only), if you notify an incident that we agree is reasonably expected to give rise to a claim,we will accept any claim that arises out of the incident as being notified under this Policy. We require you to provide full details of the incident, including but not limited to: a. the time, place and nature of the incident; b. the manner in which you first became aware of this incident; c. the reasons why you believe that this incident could give rise to a claim under this Policy; d. the identity of the potential claimant;and e. an indication as to the size of the claim that could result from this incident. In respect of INSURING CLAUSES 2, 3 and 4, if you discover a cyber event you may only incur costs, other than costs incurred to respond to an extortion demand (including any ransom payment), without our prior written consent within the first 72 hours following the discovery and any third party costs incurred must be with a company forming part of the approved claims panel providers. All other costs may only be incurred with the prior written consent of the claims managers(which will not be unreasonably withheld). 2. Additional insureds We will indemnify any third party as an additional insured under this Policy, but only in respect of sums which they become legally obliged to pay (including liability for claimants' costs and expenses) as a result of a claim arising solely out of an act committed by you, provided that: a. you contracted in writing to indemnify the third party for the claim prior to it first being made against them; and b. had the claim been made againstyou, then you would be entitled to indemnity under this Policy. 1999 2C25 CFC in lc-r n inc LiT i, _.-All r h,�rec Profe_sior's-vS.0 cfC Before we indemnify any additional insured they must: a. prove to us that the claim arose solely out of an act committed by you; and b. fully comply with CONDITION 1 as if they were you. Where we indemnify a third party as an additional insured under this Policy,this Policy will be primary and non-contributory to the third party's own insurance, but only if you and the third party have entered into a contract that contains a provision requiring this. Where a third party is treated as an additional insured as a result of this Condition, any claim made by that third party against you will be treated by us as if they were a third party and not as an insured. 3. Agreement to pay claims(dutyto defend) We have the right and duty to take control of and conduct in your name the investigation, settlement or defense of any claim. We will not have any duty to pay costs and expenses for any part of a claim that is not covered by this Policy. You may ask the claims managers to consider appointing your own lawyer to defend the claim on your behalf and the claims managers may grant your request if they consider your lawyer is suitably qualified by experience, taking into account the subject matter of the claim, and the cost to provide a defense. We will endeavor to settle any claim through negotiation, mediation or some other form of alternative dispute resolution and will pay on your behalf the amount we agree with the claimant. If we cannot settle using these means,we will pay the amount which you are found liable to pay either in court or through arbitration proceedings,subject to the limit of liability. We will not settle any claim without your consent. If you refuse to provide your consent to a settlement recommended by us and elect to continue legal proceedings in connection with the claim, any further costs and expenses incurred will be paid by you. As a consequence of your refusal, our liability for the claim will not be more than the amount for which the claim could have been settled had you consented, plus any costs and expenses incurred prior to the date of your refusal. 4. Application warranty You agree that all statements made by you in the application form, including any renewal application form, and any supplemental materials you have supplied in support of the application for insurance, are your agreements and representations to us and the Policy is issued in reliance upon that information. The misrepresentation or non-disclosure of any matter byyou or your agent will render this Policy null and void and relieve us from all liability under this Policy. ;1^�C inC�.. I.— Li7 "_;,II h <_ f�'D"ru s5iwt.;�os'+AS.CS cfC S. Calculation of business interruption losses Following an interruption to your business activities covered under INSURING CLAUSES 2 (SECTIONS F or G only) or 7,you must provide us with your calculation of the loss including: a. how the loss has been calculated and what assumptions have been made; and b. supporting documents including account statements,sales projections and invoices. 6. Cancellation This Policy may be canceled with 30 days written notice by either you or us. If you give us notice of cancellation, the return premium will be in proportion to the number of days that the Policy is in effect. However, if you have made a claim under this Policy there will be no return premium. If we give you notice of cancellation, the return premium will be in proportion to the number of days that the Policy is in effect. We also reserve the right of cancellation in the event that any amount due to us by you remains unpaid more than 60 days beyond the inception date. If we exercise this right of cancellation it will take effect from 14 days after the date the written notice of cancellation is issued. The Policy Administration Fee will be deemed fully earned upon inception of the Policy. 7. Commercial property amount insured reinstatement In respect of INSURING CLAUSE 6, in the event that the amount insured is partially reduced or totally exhausted due to the payment of a claim as a result of damage to your premises or contents,the amount insured will be automatically reinstated, provided: a. we do not give you written notice within 30 days of the notification of damage stating otherwise; b. where the amount of loss, net of the applicable deductible, exceeds $20,000 you pay an additional premium as advised by us; and c. you agree to any other risk management conditions requested by us. 8. Continuous cover In respect of INSURING CLAUSES 1 and 5 (SECTION F only), if during the period of a previous renewal of this Policy you neglected, through error or oversight only, to report to us an incident that might give rise to a claim, then provided you have maintained uninterrupted insurance of the same type with us since expiry of the previous renewal of this Policy, we will permit the incident to be reported to us under this Policy and we will indemnify you under this Policy in respect of any claim that arises out of the incident, provided: 719SS :Jn :cc ii.in =Li`r I« I_All hare--. Professions,/5.0 cfC a. the indemnity will be subject to the applicable limit of liability of the previous renewal of this Policy under which the incident should have been reported to us or the applicable limit of liability,whichever is the lower; b. we may reduce the indemnity entitlement by the monetary equivalent of any prejudice which has been suffered as a result of the delayed notification;and c. the indemnity will be subject to all other terms and conditions of this Policy. We require you to provide full details of the incident, including but not limited to: a. the time, place and nature of the incident; b. the manner in which you first became aware of this incident; c. reasons why you believe that this incident could give rise to a claim; d. the identity of the potential claimant;and e. an indication as to the size of the claim that could result from this incident. For the avoidance of doubt, this Condition only applies to incidents that might give rise to a claim. 9. Cross liability and severability In respect of INSURING CLAUSE 5 only,where there is more than one entity insured under this Policy, and subject to the limit of liability, any claim made by one insured entity against another insured entity will be treated as if they are a third party and knowledge possessed by one insured entity will not be imputed to any other insured entity. 10. Dispute resolution All disputes or differences between you and us will be referred to mediation or arbitration and will take place in the country of registration of the company named as the insured in the Declarations page. In respect of any arbitration proceeding we will follow the applicable rules of the arbitration association in the country where the company stated as the insured in the Declarations page is registered, the rules of which are deemed incorporated into this Policy by reference to this Condition. Unless the applicable arbitration association rules state otherwise, a single arbitrator will be appointed who will be mutually agreed between you and us. If you and we cannot agree on a suitable appointment then we will refer the appointment to the applicable arbitration association. Each party will bear its own fees and costs in connection with any mediation or arbitration proceeding but the fees and expenses of the arbitrator will be shared equally between you and us unless the arbitration award provides otherwise. Nothing in this Condition is intended to remove your rights under CONDITION 25. However, if a determination is made in any mediation or arbitration proceeding, CONDITION 25 is intended only as an aid to enforce this determination. -1999 _0-_,CrC JnaC-r II�ing LIT I'-d AIII Ighc�I • cfc 11. Due diligence In respect of INSURING CLAUSE 6, you will at your own expense take all practicable steps during the period of the policyto: a. prevent loss of or damage to your premises or contents, including taking practicable steps to reduce the risk of theft of your contents whilst in any vehicle by keeping them out of sight; b. maintain your premises or contents in a proper state of maintenance and repair;and c. take all reasonable steps to observe and comply with any applicable laws, obligations or requirements. 12. Establishing loss of contents If you make a claim under this Policy for loss of contents,you must reasonably establish how and when the incident took place. 13. Extended reporting period An extended reporting period of 60 days following the expiry date will be automatically granted at no additional premium. This extended reporting period will cover, subject to all other terms,conditions and exclusions of this Policy: a. in respect of INSURING CLAUSES 1 and 5 (SECTION F only), any claim first made against you during the period of the policy and reported to us during this extended reporting period; b. in respect of INSURING CLAUSES 2, 3 and 4, any cyber event, loss, operator error or system failure first discovered byyou during the period of the policyand reported to us during this extended reporting period; and c. any circumstance that a senior executive officer became aware of during the period of the policy and reports to us during this extended reporting period. No claim will be accepted by us in this 60 day extended reporting period if you are entitled to indemnity under any other insurance, or would be entitled to indemnity under such insurance if its limit of liability was not exhausted. 14. Optional extended reporting period If we or you decline to renew or cancel this Policy then you will have the right to have issued an endorsement providing an optional extended reporting period for the duration stated in the Declarations page which will be effective from the cancellation or non-renewal date. This optional extended reporting period will cover, subject to all other terms, conditions and exclusions of this Policy: a. in respect of INSURING CLAUSES 1 and 5 (SECTION F only), any claim first made against you and reported to us during this optional extended reporting period, 1999 2C25 CFr. ndc-r�n�ieing_iTiced. l riches eserved Profession v5.0 cfc 4� provided that the claim arises out of any act, error or omission committed prior to the date of cancellation or non-renewal; and b. in respect of INSURING CLAUSES 2, 3 and 4, any cyber event, loss, operator error or system failure first discovered by you during this optional extended reporting period, provided that the cyber event, loss, operator error or system failure first occurred during the period of the policy. If you would like to purchase the optional extended reporting period you must notify us and pay us the optional extended reporting period premium stated in the Declarations page within 30 days of cancellation or non-renewal. The right to the optional extended reporting period will not be available to you where cancellation or non-renewal by us is due to non-payment of the premium or your failure to pay any amounts in excess of the applicable limit of liability or within the amount of the applicable deductible as is required by this Policy in the payment of claims. At the renewal of this Policy, our quotation of different premium, deductible, limits of liability or changes in policy language will not constitute non-renewal by us. 15. Fraudulent claims If it is determined by final adjudication, arbitral tribunal or written admission by you, that you notified us of any claim knowing it to be false or fraudulent in any way, we will have no responsibility to pay that claim, we may recover from you any sums paid in respect of that claim and we reserve the right to terminate this Policy from the date of the fraudulent act. If we exercise this right, we will not be liable to return any premium to you. However, this will not affect any non-fraudulent claim under this Policy which has been previously notified to us. 16. Maintenance of employee automobile liability insurance It is a condition precedent to indemnity under INSURING CLAUSE 5 (SECTIONS G and H only) that all employees who operate an automobile in the course of your business activities will maintain in full force and effect for the period of the policy primary automobile liability insurance in an amount equal to, or greater than, the minimum primary automobile liability limits required in the state of registration of the automobile. If you make a claim under INSURING CLAUSE S (SECTIONS G and H only) and the employee has failed to meet these requirements then this Policy will only respond to provide excess coverage as though the requirements had been met,wherebyyou agree to pay all sums within and up to the required minimum limit. 17. Mergers and acquisitions If you acquire an entity during the period of the policy whose annual revenue does not exceed 20% of the company's annual revenue, as stated in its most recent annual financial statements, cover is automatically extended under this Policy to include the entity as a subsidiary. 1999 _,-_,Cr:Jndc--r iI�Inc;Urn I'-d All r him P rofes.Sions vs.0 4, cfc If you acquire an entity during the period of the policy whose annual revenue exceeds 20% of the company's annual revenue, as stated in its most recent annual financial statements, cover is automatically extended under this Policy to include the entity as a subsidiaryfor 45 days. We will consider providing cover for the acquired entity after the period of 45 days if: a. you give us full details of the entity within 45 days of its acquisition; and b. you accept any amendment to the terms and conditions of this Policy and agree to pay any additional premium required by us. In the event you do not comply with a. and b.above,cover will automatically terminate for the entity 45 days after the date of its acquisition. Cover for any acquired entity is only provided under this Policy for any act, error or omission committed or alleged to have been committed on or after the date of its acquisition. No cover will be automatically provided under this Policy for any acquired entity: a. whose business activities are materially different from your business activities; b. that has been the subject of any lawsuit, disciplinary action or regulatory investigation in the 3 year period prior to its acquisition; or c. that has experienced a cyber event in the 3 years period prior to its acquisition, if you have purchased INSURING CLAUSES 2,3 or 4 and the cyber event cost more than the highest deductible of INSURING CLAUSES 2,3 or 4. No cover will be provided under this Policy for premises or contents owned by any acquired entity prior to the date of acquisition. If during the period of the policy you consolidate, merge with or are acquired by another entity then cover under this Policy will continue to apply but only in respect of any act,error or omission committed or alleged to have been committed prior to the effective date of the consolidation, merger or acquisition. 18. Our rights of recovery If we make any payment under this Policy and you have any right of recovery against a third party in respect of this payment, then we will maintain this right of recovery. You will do whatever is reasonably necessary to secure this right and will not do anything after the event which gave rise to the claim to prejudice this right. We will not exercise any rights of recovery against any employee, unless this is in respect of any fraudulent or dishonest acts or omissions as proven by final adjudication, arbitral tribunal or written admission by the employee. Any recoveries will be applied as follows: 19952025CFrJn_.cr, ii,irc;:l_iri _._All rh �rec .�_._ PrCfessicns wS.0 cfc a. towards any recovery expenses incurred by us; b. then to us up to the amount of our payment under this Policy, including costs and expenses; c. then to you as recovery of your deductible. 19. Prior subsidiaries Should an entity cease to be a subsidiary after the inception date, cover in respect of the entity will continue as if it was still a subsidiary during the period of the policy, but only in respect of an act, error, omission or event occurring prior to the date that it ceased to be a subsidiary. 20. Proceeds of crime recovery Notwithstanding CONDITION 18, if we have reimbursed you for any claim under INSURING CLAUSES3 or 4that subsequently relates to any proceeds of crime that have been forfeited to or seized by any law enforcement authority, or confiscated as part of any legal proceeding, you must: a. notify us as soon as practicable in the event you become aware of the forfeiture, seizure or confiscation; b. provide us with any assistance we may request in the recovery of these proceeds of crime, including your automatic consent for us to initiate, progress secure and finalize any investigation in the recovery; and c. reimburse to us upon our request that part of any payment we have made which falls within the amount of any proceeds of crime that you have recovered. 21. Process for paying privacy breach notification costs Any privacy breach notification transmitted by you or on your behalf must be done with our prior written consent. We will ensure that notification is compliant with any legal or regulatory requirements and contractual obligations. No offer must be made for financial incentives, gifts, coupons, credits or services unless with our prior written consent which will only be provided if the offer is commensurate with the risk of harm. We will not be liable for any portion of the costs you incur under INSURING CLAUSE 2 (SECTION C only) that exceed the costs that you would have incurred had you gained our prior written consent. In the absence of our prior written consent we will only be liable to pay you the equivalent cost of a notification made using the most cost effective means permissible under the governing law. 22. Sanctions suspension It is a condition under this Policy that the provision of cover,the payment of any claim and the provision of any benefit will be suspended, to the extent that the provision of the cover, payment of the claim or provision of the benefit would expose us to any sanction, prohibition or restriction under the United Nations resolutions or the trade or economic sanctions, laws or cfc 4� regulations of Australia, Canada, the European Union, United Kingdom or United States of America.The suspension will continue until such time we would no longer be exposed to the sanction, prohibition or restriction. 23. Supply chain interruption events In respect of INSURING CLAUSE 2 (SECTION G only), it is a condition precedent to liability under this Policy that you submit to us a written report from the supply chain partner confirming the root cause and length of the outage. 24. Waiver of subrogation Notwithstanding CONDITION 18, we agree to waive our rights of recovery against any third party if, prior to the claim or incident which you reasonably expected to give rise to a claim, you entered into a contract that contains a provision requiring you to do this. 25. Choice of law,jurisdiction and service of suit In the event of a dispute between you and us regarding this Policy, the dispute will be governed by the laws of the State of the United States of America shown as the choice of law stated in the Declarations page. We agree, at your request, to submit to the jurisdiction of a court of competent jurisdiction within the United States of America. Nothing in this Condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States of America, to move an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States of America or the laws of any State of the United States of America. It is further agreed that service of process in such suit may be made upon the representative stated in the Declarations page and that in any suit instituted against us,we will abide by the final decision of such court or of any appellate court in the event of an appeal. The representative stated in the Declarations page is authorized and directed to accept service of process on our behalf in any such suit and, at your request, to give a written undertaking to you that they will enter a general appearance on our behalf in the event such suit is instituted. Additionally, in accordance with the statute of any state, territory or district of the United States which makes such a provision, we hereby designate the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute, or his successor or successors in office, as our true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by you arising out of this Policy. The representative stated in the Declarations page is hereby designated as the person to whom the above mentioned officer is authorized to mail such process or a copy thereof. Professions vS.0 POLICY NUMBER:994357605 Form 236602M1> M CL Blanket Additional Insured Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy,Motor Truck Cargo Legal Liability Coverage Endorsement,and/or Commercial General Liability Coverage Endorsement,as appears on the declarations page.All terms and conditions of the policy apply unless modified by this endorsement. if you pay the fee for this Blanket Additional Insured Endorsement,we agree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only to the extent of that liability.This endorsement does not apply to acts,omissions, products,work, or operations of the additional insured. Re0ard|exsuftheproviyionyofparaQrapha.andb.ofthe"Other|nsurance"dauseofthis policy, ifthe person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies,then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person or organization,signed and executed by you before the bodily injury or property damage occurs and in effect during the policy period, requires this insurance to be primary and non- contributory. in no way does this endorsement waive the'Other insurance"clause of the policy, nor make this policy primary to third parties hired by the insured to perform work for the insured or on the insured's behalf. ALLOTHERTENRHS, L|MIT5,AND PROVISIONS[)F THE POLICY REMAIN UNCHANGED. POLICY NUMBER:994357605 Form 2367 (06/10)M_CL Blanket Waiver of Subrogation Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy,Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial Goncral Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Waiver of Subrogation Endorsement, we agree to waive any and all subrogation claims against any person or organization with whom a written waiver agreement has been executed by the named insured, as required by written contract, prior to the occurrence of any loss. ALL OTHER TERMS, LIMITS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. ItThe Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57 WEC Z03688 Endorsement Number: Effective Date: 04/29/26 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: DE NOVO PLANNING GROUP, INC. 1020 SUNCAST LN STE 106 EL DORADO HILLS CA 95762 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form W 04 03 06 (1) Printed in U.S.A. Process Date: 03/19/26 Policy Expiration Date: 04/29/27