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ECOTIERRA CONSULTING, INC.
INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES A-2023-194-17 912,1714 CITY CLERK DATE: o'. P8 n 1 dJ APR 2 9 2024 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL AND L P V tln. rai� +^d PLANNING SERVICES RELATED TO CEQA AND NEPA THIS AGREEMENT is made and entered into this 7th day of November, 2023 by and between EcoTierra Consulting, Inc., 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: 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 frilly 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 tinder 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 tinder 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 time 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 tenninated earlier in accordance with Section 16, below, 4. INDEPENDENT CONTRACTOR Consultant shall, during time 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 time 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 Lill subcontractors to agree hm 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 nralces no suelt 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. G. 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 Insurance Commercial General Liability (CGL): Commercial General Liability (CGL): Lisurance 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: 180 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 Calitbrnia, 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. .5. 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 I, Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations, General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as Page 3 of 11 broad as 180 Form CC 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CC 20 33, or CG 20 38; and CC 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 CC 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 earned 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 AXII, 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 leastfive (5) Years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another etalrns-ntarle pollee form will, a Re traoctive Date prior 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 till subcowractors tuahitain 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, darnages, just compensation, restitution, judicial or equitable relief is due by reason of the terns of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all clahns for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding, Notwithstanding the foregoing, to the, extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise 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 harruless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorrey'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 it 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 snake transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shrill 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 fiont 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 infonnation 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 it 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 It 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 Plarming and Building Agency City of Santa Ana 20 Civic Center Plaza (M-20) P.O. Box 1988 Santa Ana, CA 92702 Email: PBAAdinin@santa-ana.org EcoTierra Consulting, Inc. 633 W, 5s' Street 26"' Floor Los Angeles, CA 90071 818-356-9496 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 twonty-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 tennis of this Agreement shalt 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 terns 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 fu or granted by the provisions of this Agreement shall be effective unless it is in writing kind 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 small be dne 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 slid veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teachitrg, training, utilization, promotion, termination or other employment related activities or any services provided tinder this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. IS, JURISDICTION-VFNUF, 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 I I 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 mud 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 frilly set forth in the body of this Agreement. [Signatures on the following page] Page 9 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: JENNIFER .HA rK APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By.''!L r Jonathan T. Martinez Assistant City Attorney RECOMMENDED FOR APPROVAL INH THAT Executive Director Planning and Building Agency CITY OF S�ANTA ANA Alvaro Nunez Acting City Manager CONSULTANT Curtis Zacuto Principal Page 10 of 11 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) • EIR 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 COMPENSATION Fee Proposal including hourly rates if applicable 3. FEE SCHEDULE EcoTlerra has proposed to Include four subconsultant firms to our team. The following Includes fee rates for EcoTlerra Consulting, Inc., SWCA Environmental Consultants, Inc., NOVA Services, Inc., The Natelson Dale Group, Inc., and Llnscott, Law & Greenspan, Engineers, Inc. EcoTlerra Consulting, Inc. fee Schedule Principal.(CUrtis.Zacuto, Craig fajnor) $200/hour Senior Project Manager (Katrina Hardt-Holoch, Lainle:Herrera, Brad Perrine) $180/hour Project Manager (Jenny Mailhot, Shayne Lipsey) $180/hour Senior Environmental Planner (Jennifer Johnson) $160/hour Air quality/Noise Specialist (Katie Wilson) $160/hour Environmental Planner (Marisa Wyse) $150/hour Assistant Planner $140/hour Graphics (Jennifer Johnson, Marisa Wyse) $90/hour Word Processing $90/hour Administrative Assistance $75/hour Direct expenses would not generate billable hours but rather would be considered as overhead. these include but are not limited to those Items presented below, will be reimbursable upon provision of proper documentation; Purchase of protect materials; reproduction, prin(fag and photographic oasts; postage, messenger and overnight malting; mileage at Ins - approved rate; records searches or other data purchases; technical sub -consultant costs; and other miscellaneous costs directly related to the pro)ect SWCA Environmental Consultants, Inc. Fee Schedule y Environmental Consulting Services Subject Matter Expert IV $279/hour specialist XVI $230/hour Specialist XIII $219/hour Technician II $60/hour Engineering and Special Services Subject Matter Expert IV $280/hour specialist XVI $255/hour Technician II $60/hour Direct expenses are subject to a 15%administrative markup and subcootractorexpensas are subject to a 20%administrative markup, These rates do not apply to depositions or tesdmonles at administrative hearings and trials. Such activities fall under our Expert Witness rates, which vary by state. A communication/da(a fee Is Invoked at a rate of 3%af labor to coversuch expenses f -e.r cell phones, data plans, Juxes, etc.). Overtkne Is invoiced at J.2 times standard rates. Per Diem Is blued at the GSA rate In place at the floe of billing, Mileage is billed at the InS mileage rate In place at the time c1 bllling. coTierra City of Santa Ana On-CalI Environmonto [ and Planning Services 20 NOVA Services, Inc, Fee Schedule t r., Principal Geotechntcal Engineer $225.00/hour Principal Engineer Geologist $200.00/hour Senior Engineer/Geologist $180.00/hour Project Engineer/Geologist $160.00/hour Staff Englneer/Geologist $140,00/hour DMINISTRATIVE FEE A charge of 3% of the monthly Invoice total will apply to all Invoices for administrative and dispatch costs. TRAVEL TIME AND MILEAGE Forpra/ects that are greater than 25 inlles from NOVA's Office, $0.$5/per excess mile to and from the project will be charged forlaspectors and technicians. EXPENSES AND OUTSIDE SERVICES Outside services not Included in this fee schedule (samples sent to outside laboratory for testing, samples sent to outside fnbrtrotor o mochine shop, equipment, and subcontractors) are charged at cost plus 10%. Per Diem (meals only) charged at $75.00 per day. The Nakelson Dale Group, Inc,, Inc. Fee Schedule San lot Associates $2101h — Project Manager ur Research Associates $140/hour$160/hour Other Chartres to addition to Professional fees, the following types of reimbursable expenses are billed as Incurred without mark-up: Data acquisttlon; Photocopies; and • Printing of final reports Project-reloted automoblle travel is billed at $0.63 per mile, EcoTierra City of Santa Ana On -Call Environmental and Planning Services 1 21 Linscestt, Law and Greenspan, [nRineers Inc. Fee Scheadula Associate Principal Engineer 7469.VU/nco r Transportation Engineer III $260.00/hour Senior Transportation Planner $194d10/hour Specialist III $194.00/hour Esignalsystem EngineeringAssociate II $175.00/hour CAD0 0r $139.00/hour Engineering Engineering Technician II T $125.00/hour word processorSecretary $125.00/hour Engineering Aide I $89.00/hour Public Hearing and litigation support may be charged at 115% of the base rate. consultation in connection $68.00/hour with litigation and court OPpearances will be quoted separately. Project -related mileage will be billed at the prevailing standard mileage rate as determined by the I1tS. 5ubcontractors related expenses will be 1,111ed at cast plas 15%. and other project - Tire above schedule Is for straight time. Overtime will be charged at 1.50 times the standard hourly rates. statements wilt be presented for completed work. These will be due and payable upon presentation unless prior In term) and/or monthly arrangements are made. A finance charge of 1.5%may be charged each month on the unpaid balance. ECQTIerra City of Santa Ana On -Call Environmental and planning Services 1 22 A� o® CERTIFICATE OF LIABILITY INSURANCE °^;tios�o23"Y 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 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 ertificate hof r In Ileu of such endorsement(s). _ 0 N TAME 48 e 1 nay Aceve 4802 PeoI tl. OOdland Hills, CA91364 Date. _ r NE (816)456-4S46 plC Not! aooREs: bradbe11212000 ahoo.com N I VERAGE NAICS wSURERA: Westchester Surplus Lines Insurance Company 10172 INS — INSURERB: ECoTieOa Consulting, Inc. INSURER C: 555 W. Fifth St, 26th Floor INSURER O: Los Angeles, CA 90017 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 LTR TYPE OFINSURANCE POLICYNUMBER POLICY EFF MMIODIYYYY POUCYEXP IMMFDONYYYI LIMITS A[ GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-tAADE O OCCUR Y Y G24305296012 08/04/2023 08/04/2024 EACH OCCURRENCE 5 2,000,000 PREMISES Ea occurrence S 50,000 MED EXP (Any one arson S 5,000 pERSONALBADVINJURY S 2,000,000 GENERAL AGGREGATE S 4,000,000 GENLAGGREGATE X pOUC! UMIiAPPLES PER PRO- LOC JFCT PRODUCTS-COMPIOPAGG S 4,000,000 S A AUTOMOBILE LIABILRY ANYAUTO AALLrOS�D SCHEDULED HIREDAUTOS X NON-0WNEO AUTOS Y G24305296012 08/04/2023 08/0412024 Ea ocad M 9 1,000,000. BODILY INJURY (Per person) S Ix BODILY INJURY(Peraccident) 5 Per accident 5 S UMBRELLA LIAB EXCESS LIAB CLAINIS-MADE Y Y G47417521001 08/04/2023 08/042024 EACH OCCURRENCE 5 1,000,000 )( HOCCUR AGATE 5 1,000,000 DED I I RETEMIONS 5 WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY YIN DFFICEF@EIMBERIXCLNERIEECUTIVE ❑NIA (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below WC ATU- 0 H- RYLIM EL EACHACCIDENT S EL DISEASE -EA EMPLOYE S EL. DISEASE-POUCYUMIT S A Professional liability: Y Y G24305296012 08/04/2023 03/04/2024 $2,000,000.(per incidentiper aggregate) DESCRIPTION OF OPERATIONS! LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, R more space is required) City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF Nnmro ACCORDANCE WITH THE POLICY PRO AUTHORIZED REPRESENTATIVE ACORDI a XratrlvilGi➢$L1MG1tTih'19IOn REVIEWE06APPRC0ADB: A+�.t Auvutd Risk Management Specialist The ACORD name and logo are registered marks of ACORD AC<> ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) `i 1216/2023 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 CONSTITUE 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 an endomement(s). PRODUCER CONTACT NAME: PAYCHEX INS AGENCY INC 225 KENNETH DR ROCHESTER, NY 146234277 PHONE (AIC. No. Ext.): (877) 362-6785 FAX (A/C. No. Ext.): (877) 677-0447 E-MAIL ADDRESS: paychex@travelers.com INSURED INSURER($) AFFORDING COVERAGE NAIC # INSURER A: TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA ECOTIERRA CONSULTING INC INSURER B : 633 W 5TH ST, 26TH FL LOS ANGELES, CA 90071 INSURER C : INSURERD: INSURER E: NSURERF: 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 rypE OFINSURANCE ADDL INSD BUBR MD POLICY NUMBER LVPOLICY EFF MDDIYrrr POLICYEXP MMIDW'/YY1' LIMITS COMMERCIAL GENERAL LIABILITY CLAIMB-MADE ❑ OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT OLOC OTHER EACH OCCURRENCE DAMAGENTED PREMIES(TO aCown PREMISES Ea Occurtence) $ MED EXP (Any one erson $ PERSONAL&ADV INJURY $ GENERALAGGREGATE $ PRODUCTS—COMPIOPAGG $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS HIRED HIRED AUTOS ONLY AUTOS ONLY AUTOS ONLY COMBINED SINGLE LIMIT ire accident $ BODILY INJURY Per . $ Per acGdent $ PROPER" DAMAGE PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DED ❑RETENTION EACH OCCURRENCE $ AGGREGATE $ A WORKERS COMPENSATION AND EMPLOYERS'UABILITY ym ANY PROPRIETORIPARTNERIEXECILMNE OFFICERIMEMBER EXCLUDED9 (Mandatary In NH) E If yes, describe under DESCRIPTION OF OPERATIONS BELOW N/A UH-2N997689-23�2 OB/02/2023 08/02/2024 V X STATUTE 0 TH E.L. EACH ACCIDENT $1,000,0D0 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED RISK MANAGEMENT DIVISION BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS SANTA ANA, CA 92702 AUTHORIMD REPRESENTATIVE RevLOLK'M. f3elira4, © 1993-2015 ACORD ACORD 25 (2016/3) The Acord name and logo are registered marks of ACOI i"'TRENEWED '� RiskMnnaagemmtDhision & APPROV® BY: AH1p Aa-I' Risk Management Specialht POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations 1) As required by written contract, prior to a loss to which this insurance applies. 2) The City of Pomona including its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Rick Management DMs[vn �ja REVIEWED&APPR EDBY: A+� a Acw44 ®. ® Rkk Management Spedalist CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. R1ek Management DMsRin REVIEWED&APPRO BY: A+�aa f%ae.(o or �'. ® Risk Management SpedMist Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 Westchester A Chubb Company PRIMARY AND NONCONTRIBUTORY — OTHER INSURANCE CONDITION Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 o12 o8/04/2023to o8/04/2024 o8/04/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that: a. The additional insured is a named insured under such other insurance; and b. You have agreed in a written contract or agreement that this insurance would: (i) act as primary insurance; and (2) would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. _ xiekMan%anenLDMdcn Rnat D 6 APP By. ENV_3252 (12_18) Includes copyrighted material of Insurance Services Office, Inc. with its permissi `�?a+„ o N+ec. p-ju Aav44 (266562.1) ®''• ® Risk Management Spetlalisl Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 012 08/04/2023 to 08/04/2024 08/04/2023 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART 6ifl:I=1Dili 4:1 Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143 (03-05) Rick MwwgenmtDMslon `� IiEVIEWEDfi APPRW®BY: �. ® Risk Management Specialist Includes copyrighted material of Insurance Services Office, Inc. with its permissici age or 1 Includes copyrighted material of Insurance Services Office, Inc. with its permissici age or 1 AC a� CERTIFICATE OF LIABILITY INSURANCE °a�YYY'r' 08106/2006/2024 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 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 � NAMES 3rr�d ell Brad Bell Insurance Agency PHONE .._ — 4802 Peonia Rd. E-MAN- ° 81— - y °Jc - .—_ IL --- - i e ADDRESS: _ 1 ad II212000 ahoo.com Woodland Hills, CA 91364 "i-- - c _IIJsuRER A • U4 s e s ra ce ompany 10 72 iNSUREp -- - -- - — — — --- INSURER T EcoTierra Consultin , Inc. UREF 555 W. Fifth St., FloC P or U e - 2�=. Los Angeles, C 0 IL -R E : -- — _ _.-._ COVERAGES ER ICA NUMBER: _ J • THIS )S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW N'.JE BEEN ISSUED TO THE INSUF INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR)Bl EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM NIVR TR TYPE OF INSURANCE ADDL'SUBR rn' —� POLICY EFP - POU EXP WV POLICYNUMBER MMIgO MMIDDIYYYY GENERAL LIABILITY XI COMMERCIAL GENERAL LIABILITY I CLAIMS -MADE 1 ` I OCCUR At Y Y G24305296 013 08/04/2024 08/041202y � GEEN'L AGGREGATE LIMIT APPLIES PER: /'� POLICY 7 PRO- Loc AUTOMOBILE LIABILITY ANY AUTO A ALL OWNED SCHEDULED Y Y G24305296 013 08/04/2024 08/04/2025 �/ AUTOS AUTOS /� HIRED AUTOS EX AUTOSNON-OWNED I UMBRELLA LIAR I i OCCUR EXCESS LIAR - CLAtM57MADE Y I Y G47480577 001 , 08104i2024 ! 08/04/2025 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTLVE OFFICER/MEMBER EXCLUDED? ❑ N I A (Mandatory in NH) If yes, describe under A Professional Liability; i Y Y G24305296 013 i 0810412024E 08/0412025 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ICA City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 CANCELLA ED NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, 3. LIMITS EACH OCCURRENCE $ 2,000,000 DAMAGE TURENTED _.. PREMISES fEa occurrence --.--1i� $ 50,000 HIED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY_ GENERAL AGGREGATE $ 2,000,000 $ 4,000,000 PRODUCTS - COMPIOP AGG $ 4,000,000 COMBINED SINGLE LIMIT Ea accident) 1,000.000. BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PRQ'_'ERTY l7AMAGE Per accident $ EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 WC STATU- I OTH- O Y IMIT $ $ E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE- POLICY LIMIT $�� $2,000,000. (per incidentlper aggregate) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL RIF nFLtVFtzt=n IN ACCORDANCE WITH THE POLICY PRC N.�RaN e Risk MwmgerneniDMsion AUTHORIZED REPRESENTATIVE REVIEWED & APPROVED BY: A-5�9 AIZV44 1r Risk Management Specialist ACORD 25 (2010105) ©1988-2010 ACORD The ACORD name and logo are registered marks of ACORD DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/06/2024 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 be endorsed. If SUBROGATIONIS 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: PAYCHEX INSURANCE AGENCY INC/PAC 76250885 PHONE (877) 266-6850 (A/C, No, Ext): FAX (A/C, No): 225 KENNETH DRIVE STE 110 ROCHESTER NY 14623 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hartford Casualty Insurance Company 29424 INSURED INSURER B : ECOTIERRA CONSULTING INC INSURER C 633 W 5TH ST INSURERD: LOS ANGELES CA 90071-2005 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/Y YYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS -MADE ❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY ❑ PRO- ❑ LOC JECT PRODUCTS -COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) HIRED NON -OWNED PROPERTY DAMAGE AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- MADE AGGREGATE DED RETENTION $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER E.L. EACH ACCIDENT $1,000,000 ANY Y/N A PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A X 76 WEG BGOHL8 08/02/2024 08/02/2025 E.L. DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Waiver of Subrogation applies in favor of the Certificate Holder per Waiver of our Right to Recover from Others Endorsement WC040306 attached to this policy. City of Santa Ana Risk Management Division 20 CIVIC CENTER PLZ SANTA ANA CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD n.oRaN Risk ManagernentDiAsian E REVIEWED & APPROVED BY. - Risk Management Specialist THE HARTFORD BUSINESS SERVICE CENTER THE 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 City of Santa Ana Risk Management Division 20 CIVIC CENTER PLZ SANTA ANA CA 92701 Account Information: Policy Holder Details : Ecotierra Consulting Inc August 6, 2024 Ll Contact Us Need Help? Chat online or call us at (866) 467-8730. We're here Monday - Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team o N Risk Managanent DlMsian REVIEWED & APPROVED BY. - Risk Management Specialist WLTRO05 F'M-, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 76 WEG BGOHL8 Endorsement Number: Effective Date: 08/02/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Ecotierra Consulting Inc 633 W 5TH ST FL 26 LOS ANGELES CA 90071 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 Form WC 04 03 06 (1) Printed in U.S.A. Process Date: 06/24/24 n.orta, Risk ManaganadDlMsian o°Y REVIEWED & APPROVED BY. 3; A A fl AIZV 4 Risk Management Specialist Policy Expiration Date: 08/02/25 Extended Declarations Page ISSUED BY:. Westchester Surplus Lines Insurance Company NAMED INSURED: Ecotierra Consulting Inc POLICY NUMBER: G24305296 013 POLICY PERIOD: 09/04/2024 - 09/04/2025 STATE SURPLUS LINES REQUIRED WORDING: IMPORTANT NOTICE: 1. The insurance policy that you have purchased is being issued by an insurer that is not licensed by the State of California. These companies are called "nonadmitted" or "surplus line" insurers. 2. The insurer is not subject to the financial solvency regulation and enforcement that apply to California licensed insurers. 3. The insurer does not participate in any of the insurance guarantee funds created by California law. Therefore, these funds will not pay your claims or protect your assets if the insurer becomes insolvent and is unable to make payments as promised. 4. The insurer should be licensed either as a foreign insurer in another state in the United States or as a non -United States (alien) insurer. You should ask questions of your insurance agent, broker, or "surplus line" broker or contact the California Department of Insurance at the toll -free number 1-800-927-4357 or internet website www.insurance.ca.gov. Ask whether or not the insurer is licensed as a foreign or non -United States (alien) insurer and for additional information about the insurer. You may also visit the NAIC's internet website at www.naic.org. The NAIC—the National Association of Insurance Commissioners —is the regulatory support organization created and governed by the chief insurance regulators in the United States. 5. Foreign insurers should be licensed by a state in the United States and you may contact that state's department of insurance to obtain more information about that insurer. You can find a link to each state from this NAIC internet https://naic.org/state_web_map.htm. 6. For non -United States (alien) insurers, the insurer licensed by a country outside of the United States and she n.oRaN Ri&ManaganadDl isian E REVIEWED & APPROVED BY: 3; A A,w44 Risk Management Specialist on Extended Declarations Page ISSUED BY:. Westchester Surplus Lines Insurance Company NAMED INSURED: Ecotierra Consulting Inc POLICY NUMBER: G24305296 013 POLICY PERIOD: 09/04/2424 - 09 f 04/2025 STATE SURPLUS LINES REQUIRED WORDING: the NAIC's International Insurers Department (IID) listing of approved nonadmitted non -United States insurers. Ask your agent, broker, or "surplus line" broker to obtain more information about that insurer. 7. California maintains a "List of Approved Surplus Line Insurers (LASLI)." Ask your agent or broker if the insurer is on that list, or view that list at the internet website of the California Department of Insurance: www.insurance.ca.gov/01-consumers/120-company/07- lasli/lasli.cfm. 8. If you, as the applicant, required that the insurance policy you have purchased be effective immediately, either because existing coverage was going to lapse within two business days or because you were required to have coverage within two business days, and you did not receive this disclosure form and a request for your signature until after coverage became effective, you have the right to cancel this policy within five days of receiving this disclosure. If you cancel coverage, the premium will be prorated and any broker's fee charged for this insurance will be returned to you. Ri& MmaganadDMsia►t E REVIEWED & APPROVED BY: Risk Management Specialist D-2 (Effective January 1, 2020) CHUBER' ❑ Illinois Union Insurance Company 0 Westchester Surplus Lines Insurance Company Insured: Attached To Policy No.: G24305296 013 Ecotierra Consulting Inc 633 W. 5th Street Effective Date: o8/04/2024 26th Floor Los Angeles, CA 90071 CALIFORNIA SURPLUS LINES NOTIFICATION NOTICE: 1. THE INSURANCE POLICY THAT YOU (HAVE PURCHASED) (ARE APPLYING TO PURCHASE) IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE" INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT THAT APPLY TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 4. THE INSURER SHOULD BE LICENSED EITHER AS A FOREIGN INSURER IN ANOTHER STATE IN THE UNITED STATES OR AS A NON —UNITED STATES (ALIEN) INSURER. YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINE" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE AT THE FOLLOWING TOLL —FREE TELEPHONE NUMBER: 1-800-927-4357 OR INTERNET WEB SITE WWW.INSURANCE.CA.GOV. ASK WHETHER OR NOT THE INSURER IS LICENSED AS A FOREIGN OR NON —UNITED STATES (ALIEN) INSUREP A XT" U"-0 ADDITIONAL INFORMATION ABOUT TH .n.°R°..ea iti.k�getttDaisiatt YOU MAY ALSO CONTACT THE NAIC'S INidEVIEWED&RPPROVLDBY: 7 SITEAT WWW.NAIC.ORG. Risk Management Specialist SL-17888 (Ed. 01/17) Page 1 of 2 5. FOREIGN INSURERS SHOULD BE LICENSED BY A STATE IN THE UNITED STATES AND YOU MAY CONTACT THAT STATE'S DEPARTMENT OF INSURANCE TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 6. FOR NON -UNITED STATES (ALIEN) INSURERS, THE INSURER SHOULD BE LICENSED BY A COUNTRY OUTSIDE OF THE UNITED STATES AND SHOULD BE ON THE NAIC'S INTERNATIONAL INSURERS DEPARTMENT (IID) LISTING OF APPROVED NONADMITTED NON - UNITED STATES INSURERS. ASK YOUR AGENT, BROKER, OR "SURPLUS LINE" BROKER TO OBTAIN MORE INFORMATION ABOUT THAT INSURER. 7. CALIFORNIA MAINTAINS A LIST OF ELIGIBLE SURPLUS LINE INSURERS. ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE INTERNET WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: VV WW.INSURANCE. CA. GOV. 8. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY, EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER'S FEE CHARGED FOR THIS INSURANCE WILL BE RETURNED TO YOU. Applicant Signature Date NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR tn.�Ra E Risk MayagemadDimsion TERMS, CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS NOTIC] REVIEWED & APPROVED BY. - THAN AS STATED ABOVE. Af, Acev44 Risk Management Specialist SL-17888 (Ed. 01/17) Page 2 of 2 Westchester A Chubb Company Westchester Specialty Insurance Services, Inc. Environmental General Liability Policy Declarations THE DECLARATIONS, TOGETHER WITH THE COMPLETED AND SIGNED APPLICATION, THIS POLICY AND ANY ENDORSEMENTS OR SCHEDULES ATTACHED HERETO, CONSTITUTE THE INSURANCE POLICY. Policy Number: G24305296 013 Item 1. Named Insured: Ecotierra Consulting Inc 633 W. 5th Street 26th Floor Los Angeles, CA 90071 Renewal of: New The Named Insured is a: ❑ Individual ❑ Partnership Limited Liability Company �X Corporation ❑ Other: Item 2. Producer: AMWINS INSURANCE BROKERAGE LLC 100 SPECTRUM CENTER DRIVE SUITE 670 IRVINE, CA 92618 Item 3. Policy Period: Inception Date: 08/04/2024 Expiration 08/04/2025 Date: (12:01 A.M. Standard time at the address shown in Item 1.) If "NOT INCLUDED" appears, then no such Coverage is provided under this policy. Item 4. Limits of Insurance: Commercial General Liability Coverage Each Occurrence Limit General Aggregate Limit (Other than Products/Completed Operations) Products/Completed Operations Aggregate Limit Personal & Advertising Injury Limit Damage to Premises Rented to You Medical Payments Contractors Pollution Liability Coverage Part Professional Liability Coverage Part Item 5. Deductible: Commercial General Liability Coverage $2,000,000 $4,000,000 $4,000,000 $2,000,000 Any One Person or Organization $50,000 Any One Premises $5,000 Any One Person $2,000,000 Each Pollution Condition $2,000,000 Each Claim $2,500 Each Occurrence Contractors Pollution Liability Coverage Part $2,500 Each Pollution Condition Professional Liability Coverage Part: $2,500 Each Claim Item 6. Advance Premium: $ 8,598 (25% minimum earned) Item 7. Rate: Item 8. Estimated Basis ENV-1501 (03-06) $ Flat - Not Auditable $ 750,000 (Estimated Revenue) California Premium: Amwins Service Fee: Market Policy Fee: Market Inspection Fee: Surplus Lines Tax: Stamping Fee: �_.59R_nn }µ_ognN Risk MayagYlYad DiMsurR E REVIEWED & APPROVED BY. - Risk Management Specialist Item 9. Retroactive Date: Commercial General Liability Coverage: Contractors Pollution Liability Coverage Part: Professional Liability Coverage Part: Item 10. Covered Locations: Not Applicable Item 11. Forms and Endorsements: Not Applicable Not Applicable 08/04/2010 SL-17888 (01/17) - California Notice to Insured WSG084 (05/11) - Surplus Lines Broker Notice LD-5S231 (04/22) - Signature Endorsement CG 00 01 (04/13) - Commercial General Liability Coverage Form ENV-1203 (03/10) - Contractors Pollution Liability Coverage Endorsement - Occurrence - Elite ENV-1205 (03/14) - Professional Liability Coverage Endorsement - Claims -Made - Elite ENV-1230 (03/10) - Non -Owned Disposal Site(s) Liability - Elite ALL-21101 (11/06) - Trade or Economic Sanctions Endorsement CG 20 10 (04/13) - Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 10 (04/13) - Additional Insured - Owners, Lessees Or Contractors - Scheduled Person Or Organization CG 20 37 (04/13) - Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 20 37 (04/13) - Additional Insured - Owners, Lessees Or Contractors - Completed Operations CG 21 06 05 14 - Exclusion - Access or Disclosure of Confidential or Personal Information and Data - Related Liability - With Limited Bodily Injury Exception CG 21 32 (05/09) - Communicable Disease Exclusion ENV-3103 (12/10) - All Known or Reported Incidents Exclusion ENV-3107 (09/04) - Common Policy Conditions ENV-3110 (09/04) - Deductible Liability Insurance Endorsement ENV-3126 (08/11) - Notice of Cancellation to Specific Parties Endorsement ENV-3137 (08/04) - Separate Defense Limit Endorsement - Contractors Pollution Liability Coverage ENV-3138 (08/04) - Separate Defense Limit Endorsement - Professional Liability Coverage ENV-3143 (03/05) - Waiver of Transfer of Rights of Recovery Against Others to Us ENV-3146 (09/22) - Transportation Pollution Liability Coverage Endorsement (Owned) ENV-3147 (10-12) - Global Program Solutions Amendatory (Foreign Indemnity) Endorsement ENV-3155 (04/20) - Pollution Condition Amendatory Endorsement ENV-3185 (06/05) - Multiple Retroactive Date Limits Endorsement - Professional Liability ENV-3211 (04/20) - Mold Coverage Endorsement — Claims Made Contractors Pollution Liability ENV-3214 (05/12) - Amendment Of Mold Coverage Professional Liability ENV-3240 (10/21) - Coverage Part Changes Endorsement ENV-3241 (01/18) - Non -Accumulation of Limits Endorsement - Commercial General Liability ENV-3242 (01/17) - Exclusion — Other Project -Specific Insurance Endorsement ENV-3250 (12/18) - Additional Insured Endorsement - Ongoing Work or Operations ENV-3250 (12/18) - Additional Insured Endorsement - Ongoing Work or Operations ENV-3251 (12/18) - Additional Insured Endorsement - Products - Completed Operations Hazard ENV-3251 (12/18) - Additional Insured Endorsement - Products - Completed Operations Hazard ENV-3252 (12/18) - Primary And Noncontributory - Other Insurance Condition ENV-3257 (04/20) - Communicable, Contagious or Prion Disease Exclusionary Endorsement - Professional Liability ENV-5100 (06/11) - Asbestos Amendatory Endorsement ENV-5102 (10/04) - Nuclear Hazard Liability Exclusion ENV-5519 (09/04) - Earned Premium Endorsement - 25% Minimum Earned ENV-6100 (08/04) - ENV-6101 (08/04) - Construction Management Professional Exclusion - Gen „.oRa E ��DMsi Engineers, Architects and Surveyors Professional Exclu; _ idEVIEWED&APPROVED BY: Coverage t� t�lcev¢da ENV-1501 (03-06) Risk Management Specialist ENV-6102 (08/04) - ENV-6103 (08/04) - ENV-6104 (08/04) - ENV-6105 (08/04) - ENV-6106 (01/05) - ENV-7109 (01/19) - ENV-7110 (02/05) - ENV-7124 (03-14) - ENV-9950 (01/15) - ENVM-484 - SL-34255b (04/23) - TRIA24a (08/20) - ALL-20887 (10/06) - ILP0010104- MA-608255e (04/15) - Item 12 ENV-1501 (03-06) Inspection, Appraisal and Survey Exclusion - General Liability Coverage Testing or Consulting Professional Liability Exclusion - General Liability Coverage Total Pollution Exclusion - General Liability Coverage Employment Related Practices Exclusion Defined Words and Phrases Endorsement New York Labor Law Exclusion And Employer's Liability Amendatory Endorsement Hired and Non -Owned Auto Liability Coverage Endorsement Designated Projects General Aggregate Endorsement — All Projects — Contractual Limitation Exclusion of Certified Acts of Terrorism Designated Country Limitation Endorsement Service of Suit Endorsement Policyholders Disclosure Notice of Terrorism Insurance Coverage Chubb Producer Compensation Practices & Policies U.S. Treasury Departments' Office of Foreign Assets Control ("OFAC") Advisory Notice to Policyholders Claims Directory - Umbrella/Excess Casualty/Environmental JOHN J. LUPFCA, President Authorized Representative Date: 07/23/2024 Risk Managanad Divisian 3I / REVIEWED & APPROVED BY. - Risk Management Specialist CHUBB® SIGNATURES Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024to o8/04/2025 o8/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you, we state that it is a valid contract. ILLINOIS UNION INSURANCE COMPANY (A stock company) 525 W. Monroe Street, Suite 400, Chicago, Illinois 6o661 WESTCHESTER SURPLUS LINES INSURANCE COMPANY (A stock company) Royal Centre Two, 11575 Great Oaks Way, Suite 20o, Alpharetta, GA 30022 &� /�/ A--- - BRANDON PEENE, Secretary 5 - JOHN J. LUPICA, President Authorized Representative /H_oRAN,\ce Risk Manage iadl)lvisian REVIEWED & APPROVED BY: A Aceva4 Risk Management Specialist LD-5S231(04/22) Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and 'bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V —Definitions. SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an 'occurrence" that takes place in the "coverage territory"; (2) The "bodily injury" or "property damage" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an 'occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Risk Management DlMsian REVIEWED & APPROVED BY: 0 A3 f, &,w44 Risk Management Specialist Page 1 of 16 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" 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. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in: (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; if the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". Page 2 of 16 © Insurance Services Office, Inc., 2012 n.oRaN Risk Mouganad DlMsian E REVIEWED & APPROVED BY: Risk Management Specialist CG 00 01 04 13 IF. Pollution (d) At or from any premises, site or (1) "Bodily injury" or "property damage" location on which any insured or any arising out of the actual, alleged or contractors or subcontractors working threatened discharge, dispersal, seepage, directly or indirectly on any insured's migration, release or escape of behalf are performing operations if the "pollutants": "pollutants" are brought on or to the premises, site or location in connection (a) At or from any premises, site or with such operations by such insured, location which is or was at any time contractor or subcontractor. However, owned or occupied by, or rented or this subparagraph does not apply to: loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" or "property damage" arising out of the escape of fuels, (i) Bodily injuryif sustained within a lubricants or other operating fluids building and caused by smoke, which are needed to perform the fumes, vapor or soot produced by normal electrical, hydraulic or or originating from equipment that mechanical functions necessary for is used to heat, cool or dehumidify the operation of "mobile equipment" the building, or equipment that is or its parts, if such fuels, lubricants used to heat water for personal or other operating fluids escape use, by the building's occupants or from a vehicle part designed to their guests; hold, store or receive them. This (ii) "Bodily injury" or "property damage" exception does not apply if the for which you may be held liable, if "bodily injury" or "property damage" you are a contractor and the owner arises out of the intentional or lessee of such premises, site or discharge, dispersal or release of location has been added to your the fuels, lubricants or other policy as an additional insured with operating fluids, or if such fuels, respect to your ongoing operations lubricants or other operating fluids performed for that additional are brought on or to the premises, insured at that premises, site or site or location with the intent that location and such premises, site or they be discharged, dispersed or location is not and never was released as part of the operations owned or occupied by, or rented or being performed by such insured, loaned to, any insured, other than contractor or subcontractor; that additional insured; or (ii) "Bodily injury" or "property damage" (iii) "Bodily injury" or "property damage" sustained within a building and arising out of heat, smoke or fumes caused by the release of gases, from a "hostile fire"; fumes or vapors from materials (b) At or from any premises, site or brought into that building in location which is or was at any time connection with operations being used by or for any insured or others for performed by you or on your behalf the handling, storage, disposal, by a contractor or subcontractor; or processing or treatment of waste; (III) "Bodily injury" or "property damage" (c) Which are or were at any time arising out of heat, smoke or fumes "hostile transported, handled, stored, treated, from a fire". disposed of, or processed as waste by (e) At or from any premises, site or or for: location on which any insured or any (i) Any insured; or contractors or subcontractors working directly or indirectly on any insured's (ii) Any person or organization for behalf are performing operations if the whom you may be legally operations are to test for, monitor, responsible; or clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". n.oRaN Risk ManaganadDlMsian E REVIEWED & APPROVED BY: Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16 (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) 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; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those prerr (3) Property loaned t „oRa Risk MmagpnadDl Sian REVIEWED & APPROVED BY: 3; Risk Management Specialist Page 4 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) 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 seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product' arising out of it or any part of it. I. 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. m. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition 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 other property arising out of sudden and accidental physical injury to "your product' or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property 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: (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. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment c including the FE tn.°^a E Risk MouganadUl isian Transactions Act =' REVIEWED&RPPROVED BY: Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 16 (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments — Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply to: a. Knowing Violation Of Rights Of Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's advertising idea in your "advertisement". g. Quality Or Performance Of Goods — Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". Page 6 of 16 © Insurance Services Office, Inc., 2012 n.oRaN Risk Mouganad DlMsian E REVIEWED & APPROVED BY: Risk Management Specialist CG 00 01 04 13 i. Infringement Of Copyright, Patent, Trademark Or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your "advertisement". However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds In Media And Internet Type Businesses "Personal and advertising injury" committed by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions section. For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n. Pollution -related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. n.oRaN Risk ManaganadDlMsian E REVIEWED & APPROVED BY: ^^ ^^ t`7 �ILeU44 Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 16 COVERAGE C — MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 © Insurance Services Office, Inc., 2012 n.oRaN Risk Mouganad DlMsian E REVIEWED & APPROVED BY: Risk Management Specialist CG 00 01 04 13 g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. n.oRaN Risk ManaganadDlMsian E REVIEWED & APPROVED BY: ^^ ^^ t`7 �ILeU44 Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 16 2. Each of the following is also an insured: c. Any person or organization having proper a. Your "volunteer workers" only while temporary custody of your property if you die, performing duties related to the conduct of but only: your business, or your "employees", other (1) With respect to liability arising out of the than either your "executive officers" (if you are maintenance or use of that property; and an organization other than a partnership, joint (2) Until your legal representative has been venture or limited liability company) or your appointed. managers (if you are a limited liability company), but only for acts within the scope d. Your legal representative if you die, but only of their employment by you or while with respect to duties as such. That performing duties related to the conduct of representative will have all your rights and your business. However, none of these duties under this Coverage Part. "employees" or "volunteer workers" are 3. Any organization you newly acquire or form, insureds for: other than a partnership, joint venture or limited (1) "Bodily injury" or "personal and advertising liability company, and over which you maintain injury": ownership or majority interest, will qualify as a Named Insured if there is no other similar (a) To you, to your partners or members (if insurance available to that organization. you are a partnership or joint venture), However: to your members (if you are a limited liability company), to a co -"employee" a. Coverage under this provision is afforded only while in the course of his or her until the 90th day after you acquire or form employment or performing duties the organization or the end of the policy related to the conduct of your period, whichever is earlier; business, or to your other "volunteer b. Coverage A does not apply to "bodily injury" workers" while performing duties or "property damage" that occurred before related to the conduct of your you acquired or formed the organization; and business; c. Coverage B does not apply to "personal and (b) To the spouse, child, parent, brother or advertising injury" arising out of an offense sister of that co -"employee" or committed before you acquired or formed the "volunteer worker" as a consequence organization. of Paragraph (1)(a) above; No person or organization is an insured with respect (c) For which there is any obligation to to the conduct of any current or past partnership, share damages with or repay someone joint venture or limited liability company that is not else who must pay damages because shown as a Named Insured in the Declarations. of the injury described in Paragraph SECTION III — LIMITS OF INSURANCE (1)(a) or (b) above; or (d) Arising out of his or her providing or 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we failing to provide professional health will pay regardless of the number of: care services. (2) "Property damage" to property: (a) Owned, occupied or used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard"; and c. Damages under Coverage B. Page 10 of 16 © Insurance Services Office, Inc., 2012 o "�s Risk ManagementDlMsian REVIEWED & APPROVED BY. Risk Management Specialist CG 00 01 04 13 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. Risk Management DlMsian REVIEWED & APPROVED BY. v A3fe &eve4 Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16 4. Other Insurance (3) When this insurance is excess over other If other valid and collectible insurance is insurance, we will pay only our share of available to the insured for a loss we cover under the amount of the loss, if any, that Coverages A or B of this Coverage Part, our exceeds the sum of: obligations are limited as follows: (a) The total amount that all such other a. Primary Insurance insurance would pay for the loss in the absence of this insurance; and This insurance is primary except when Paragraph b. below applies. If this insurance (b) The total of all deductible and self - is primary, our obligations are not affected insured amounts under all that other unless any of the other insurance is also insurance. primary. Then, we will share with all that other (4) We will share the remaining loss, if any, insurance by the method described in with any other insurance that is not Paragraph c. below. described in this Excess Insurance b. Excess Insurance provision and was not bought specifically to apply in excess of the Limits of (1) This insurance is excess over: Insurance shown in the Declarations of (a) Any of the other insurance, whether this Coverage Part. primary, excess, contingent or on any c. Method Of Sharing other basis: If all of the other insurance permits (i) That is Fire, Extended Coverage, contribution by equal shares, we will follow Builder's Risk, Installation Risk or this method also. Under this approach each similar coverage for "your work"; insurer contributes equal amounts until it has (ii) That is Fire insurance for premises paid its applicable limit of insurance or none rented to you or temporarily of the loss remains, whichever comes first. occupied by you with permission of If any of the other insurance does not permit the owner; contribution by equal shares, we will (iii) That is insurance purchased by you contribute by limits. Under this method, each to cover your liability as a tenant for insurer's share is based on the ratio of its "property damage" to premises applicable limit of insurance to the total rented to you or temporarily applicable limits of insurance of all insurers. occupied by you with permission of 5. Premium Audit the owner; or a. We will compute all premiums for this (iv) If the loss arises out of the Coverage Part in accordance with our rules maintenance or use of aircraft, and rates. "autos" or watercraft to the extent c not subject to Exclusion g. of b. Premium shown in this Coverage Part as Section I Coverage A —Bodily advance premium is a deposit premium only. Injury And Property Damage At the close of each audit period we will Liability. compute the earned premium for that period and send notice to the first Named Insured. (b) Any other primary insurance available The due date for audit and retrospective to you covering liability for damages premiums is the date shown as the due date arising out of the premises or on the bill. If the sum of the advance and operations, or the products and audit premiums paid for the policy period is completed operations, for which you greater than the earned premium, we will have been added as an additional return the excess to the first Named Insured. insured. c. The first Named Insured must keep records of (2) When this insurance is excess, we will the information we need for premium have no duty under Coverages A or B to computation, and send us copies at such P p defend the insured against any "suit" if any times as we may request. other insurer has a duty to defend the insured against that "suit". If no other 6. Representations insurer defends, we will undertake to do By accepting this policy, you agree: so, but we will be entitled to the insured's a. The statements in the Declarations are rights against all those other insurers. accurate and comple` }µ ognN Risk M817aganad DlMsIOR e REVIEWED & APPROVED BY. Risk Management Specialist Page 12 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds However, "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. Except with respect to the Limits of Insurance, 4. and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above; or c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in Paragraph a. above; (2) The activities of a person whose home is in the territory described in Paragraph a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication; provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in Paragraph a. above or in a settlement we agree to. 5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 6. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 8. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or n.oRaN Risk ManaganadDlMsian E REVIEWED & APPROVED BY. Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16 9. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities. 10. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 11."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 12."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Risk Management DlMsian REVIEWED & APPROVED BY. o A/^f, t` ^^,w 4�P _� ff� o� Risk Management Specialist Page 14 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 13."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; if. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 15."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 16. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products - completed operations are subject to the General Aggregate Limit. 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that cat Risk Management UlMsian REVIEWED & APPROVED BY: o� Af, t` ,w44 Risk Management Specialist CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16 For the purposes of this insurance, electronic data is not tangible property. As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD- ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 18."Suit' means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 20."Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 21."Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 16 of 16 © Insurance Services Office, Inc., 2012 n.oRaN Risk Mouganad UlMsian E REVIEWED & APPROVED BY: ® tq t�cev-r Risk Management Specialist CG 00 01 04 13 CONTRACTORS POLLUTION LIABILITY COVERAGE ENDORSEMENT — OCCURRENCE Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART In consideration of the premium charged, it is hereby agreed the following coverage is added to the policy: COVERAGES - CONTRACTORS POLLUTION LIABILITY A. Insuring Agreement We will pay those sums in excess of the deductible shown in the Declarations that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We shall have the right and duty to defend the Insured against any claim or suit seeking those damages. However, we shall have no duty to defend the insured against any claim or suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may, at our discretion, investigate any loss and settle any claim(s) or suit(s) that may result. But the amount we will pay for damages is limited as described in the LIMITS OF INSURANCE Section; and our right and duty to defend ends when the applicable limit of insurance has been exhausted in the payment of judgments, settlements or supplementary payments under all attached Coverage Parts and all Supplementary Payments which reduce the Limit of Insurance. This insurance applies to a loss only if: The loss occurs during the policy period; and 2. The loss takes place in the coverage territory; and 3. The loss arises out of your work. In the event a loss continues to take place during multiple policy periods for policies issued by us, all bodily injury and property damage arising out of such loss will be deemed to take place during the earliest period during which the loss commenced. B. Exclusions This insurance does not apply to: Contractual Liability Bodily injury or property damage arising out of any liability of others assumed by the insured through contract or agreement. This exclusion shall not apply to liability for damages: a. That would have otherwise attached to the insured in the absence o" or Ri&na„egemadDaisiot REVIEWED&APPROVED BY. 0 Af, t` ^,w 4�.P �f� o� '' Risk Management Specialist ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission Assumed in a contract or agreement that is an insured contract, provided the bodily injury and property damage occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury and property damage provided: (1) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same insured contract; and (2) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. 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: To replacements costs; or If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 3. Employer's Liability Bodily injury to: An insured or an employee of the Insured, its parent, subsidiary or affiliate: (1) Arising out of and in the course of employment; or (2) While performing duties related to the conduct of the Insured's business. The spouse, child, parent, brother or sister of that employee of the Insured, its parent, subsidiary or affiliate as a consequence of Paragraph a. above. This exclusion applies: Whether the insured may be liable as an employer or in any other capacity; and To any obligation to share damages with or repay someone else who must pay damages because of such bodily injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 4. Executive Officer Bodily injury or property damage arising from your services and/or capacity as an executive officer, director, partner, trustee or employee of a business enterprise not named in the Declarations. 5. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. 6. Fines and Penalties An suits or claims seeking Injunctive relief; or payment for fines, en "°"°" E Risk MmaganadDiAsian Y �) �) 9 1 p Y P 3 REVIEWED & APPROVED BY. - multiplied damages unless allowed by law. o. '' Risk Management Specialist ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission 7. 8. 9. 10 11 12. Insured's Internal Expenses Claim(s) arising from expenses incurred by the insured for services performed by the salaried staff and employees of the insured. However, this exclusion shall not apply to emergency response expense. Impaired Property Any suit(s) or claim(s) arising out of property damage to impaired property or property that has not been physically injured, arising out of: A defect, deficiency, inadequacy or dangerous condition in your product or your work; or 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 other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Insured's Real Property Bodily Injury or property damage arising from the insured's ownership, rental, lease, maintenance, operation, use, repair, voluntary or involuntary sale, transfer, exchange, gift, abandonment, or condemnation of insured's real property. However, this exclusion does not apply to: Bodily injury or property damage arising from the insured's temporary rental, lease or use of non -owned real property used solely to house materials, parts or equipment furnished in connection with your work during the duration of your work performed for a specific job or project; or Asbestos that was transported, stored, or otherwise handled as a result of your work performed in accordance with applicable environmental laws during the policy period that is stored for a period of time not to exceed ten (10) days at premises owned or leased by you during the policy period. Intentional Acts Bodily injury or property damage based upon or arising from any acts of the insured which are based upon or otherwise attributed to the insured's: Dishonest, intentional, fraudulent, malicious, willful, deliberate or knowingly wrongful act or; Dishonest, intentional, fraudulent, malicious, willful, deliberate non-compliance with any statute, regulation, ordinance, administrative complaint, notice of violation, notice letter, executive order, or instruction of any governmental agency or body prior to or after inception of this policy. This exclusion does not apply to a responsible insured that did not commit, participate in, or have knowledge of an act described above. Non -Owned Disposal Sites Bodily injury or property damage arising out of pollution conditions on, at, under or migrated from a Non -Owned Disposal Site. Other Enterprises Bodily injury or property damage arising out of any business enterprise I by the insured or its parent company or the affiliate, successor or assignee in the Declarations. ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its perm nnnrntnrl nr mnnnnnrl „oRa Risk ManagernentDiAsian REVIEWED & APPROVED BY.- 3; Risk Management Specialist 13. Other Named Insureds Bodily injury or property damage arising out of claim(s) against you by any other Named Insured. 14. Products Liability Bodily injury or property damage arising out of your product. However, this exclusion does not apply to bodily injury or property damage resulting in a pollution condition that commences during the transportation of your product by a carrier. 15. Professional Liability Bodily injury or property damage arising from or in any way related to the rendering of or failure to render professional services by the insured or any contractor or subcontractor working on the insured's behalf. This exclusion does not apply to damaged work or the work out of which the damage arises due to improper supervision or lack of supervision of a subcontractor by the insured. 16. Vehicles Bodily injury or property damage arising from the ownership, maintenance, use or entrustment to others, beyond the boundaries of job sites where your work is being performed by any aircraft, auto, or watercraft owned or operated by or rented or loaned to you. However, this exclusion does not apply to bodily injury or property damage resulting in a pollution condition that commences during the transportation of your product by a carrier. 17. War Bodily injury and property damage based upon, arising out of any consequence, whether direct or indirect, of war, invasion, act of foreign enemy, terrorism, civil war, rebellion, revolution, insurrection or military or usurped power. 18. Workers' Compensation Claim(s) or suit(s) arising as a result of any obligation of any insured under any workers compensation, disability benefits, or unemployment compensation law or any similar law. C. Supplementary Payments We will pay, with respect to any claim(s) we investigate or settle, or any suit(s) against an insured we defend: 1. All expenses we incur. 2. All premiums on appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. The company does not have the obligation to apply or furnish these bonds. 3. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim(s) or suit(s), including actual loss of earnings up to $250 a day because of time off of work. 4. All costs taxed against the Insured in the suit(s). 5. Pre -judgment interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance, we will not pay any pre -judgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Limit of Insurance. These payments will reduce the Limits of Insurance shown in the Declarations. Ride Management Division REVIEWED & APPROVED BY. ''� Risk Management Specialist ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission LIMITS OF INSURANCE For the purposes of this endorsement, it is agreed that the following conditions are added to the COMMERCIAL GENERAL LIABILITY POLICY, SECTION III. LIMITS OF INSURANCE: The Contractors Pollution Liability Limit shown in the Declarations is the most we will pay for the sum of all damages because of a loss or emergency response expense arising out of any one pollution condition under this policy. The most we will pay with respect to any pollution condition that continues during the policy periods of more than one Pollution Liability Policy is the Each Pollution Condition Limit shown in the Declarations applicable to the first policy period during which the pollution condition commenced. The General Aggregate Limit will be amended to include damages and Supplementary Payments under the Contractors Pollution Liability coverage part. The General Aggregate Limit shown in the Declarations is the most we will pay for the sum of damages under all Coverage Parts and Supplementary Payments afforded by this policy. The Limits of Insurance apply to the policy period shown in the Declarations or as amended by endorsement. The deductible amount stated on the Declarations is applicable to each pollution condition or emergency response expense. The deductible amount applies once to each pollution condition or emergency response expense and applies to defense expenses, investigation, settlement, compromise, or indemnification. We, at our sole election and option, may either: Pay any part of the deductible amount to effect settlement or expense of any claim, and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount that has been paid by us; or 2. Simultaneously upon receipt of notice of any claim or at any time thereafter, call upon you to pay or deposit with us all or any part of the deductible amount, to be held and applied by us at our sole discretion. If a claim has not entered into litigation, and we and the Named Insured mutually agree to mediation as a means to settle a claim made against the insured, and if such claim is settled as a direct result of and during the mediation, the deductible stated in the Declarations or applicable endorsement(s) shall be waived up to a maximum of $25,000. When this occurs, we will reimburse the Named Insured as soon as practical for any qualifying deductible amount which was already paid by the Named Insured prior to the mediation. GENERAL CONDITIONS For the purposes of this endorsement, it is agreed that the following conditions are added to the COMMERCIAL GENERAL LIABILITY POLICY, SECTION IV. — COMMERCIAL GENERAL LIABILITY CONDITIONS: Duties in the event of a Loss, Claim or Suit: You must see to it that we are notified as soon as practicable of a pollution condition or loss, which may result in a claim or suit. To the extent possible, notice should include: How, when and where the pollution condition or loss took place; The names and addresses of any injured persons and witnesses; C. The nature and location of any injury or damage arising out of the pollution condition or loss; and The steps undertaken by the insured to respond to the pollution condition or loss. 2. If a claim is made or suit is brought against any insured, you must: „oRa Risk Mmaganad DiAsion % REVIEWED & APPROVED BY: a. Immediately record the specifics of the claim or suit and the date re °I _ A,fe &,w44 Risk Management Specialist ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. 3. You and any other involved insured must: Immediately send us copies of any demands, notices, summons or legal papers received in connection with the claim or suit; Authorize us to obtain records and other information; C. Cooperate with us in the investigation or settlement of the claim or defense against the suit; and Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will, except at your own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for emergency response expense or first aid, without our consent. Inspection With reasonable notice to the insured, the Insurer shall be permitted, but not obligated, to inspect the insured's premises, equipment, and/or operations. Neither the Insurer's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the insured or others, to determine or warrant that such property or operations are safe or in compliance with any applicable law, regulation or rule. Any recommendations or information provided is not intended as a substitute for advice from a safety expert or legal counsel you may retain for your own purposes. It is not intended to supplant any legal duty you may have to provide a safe premises, workplace, product or operation. Headings The descriptions in the headings and sub -headings of this policy are inserted solely for convenience and do not constitute any part of the terms or conditions hereof. DEFINITIONS For the purposes this endorsement, it is agreed that the following definitions will apply: A. Auto means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But auto does not include mobile equipment. B. Bodily injury means: Physical injury, illness or disease, sustained by any person, including death resulting there from, and any associated medical monitoring; and Mental anguish, emotional distress or shock. C. Carrier means a person or entity, other than the Insured or any subsidiary or affiliated company of the Insured, engaged in the business of transporting property for hire by auto, rolling stock, aircraft or watercraft. D. Claim means any written demand, notice, or request for defense, request for indemnity, or other legal or equitable proceeding against any insured by a person, entity or asserted class for loss. E. Cleanup costs means reasonable and necessary expenses incurred in „oRa Risk MmWmad DiAsion monitoring, testing, removal, containment, treatment, response, disposal, % REVIEWED&APPROVED BY: neutralization of any pollution conditions: Aafa &,w44 ''� Risk Management Specialist ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission To the extent required by applicable environmental laws; or In absence of any applicable environmental laws, to the extent recommended in writing by an environmental consultant. Cleanup costs also include replacement costs. F. Coverage territory means: The United States of America, its territories and possessions, Puerto Rico and Canada. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in Item 1. above. G. Emergency response expense means reasonable cleanup costs incurred by the Named Insured in response to an imminent and substantial threat to human health or the environment arising from a pollution condition. Such reasonable cleanup costs must be incurred within seven (7) days of the discovery of a pollution condition. H. Employee includes temporary and/or leased staff working on behalf of and under direct supervision by you, but only for your work. I. Environmental consultant means a person approved by us in writing who is duly certified and licensed in a recognized field of environmental science as required by an applicable state or provincial board, a professional association, or both, and fulfills certain minimum qualifications and maintains errors and omissions insurance. We shall consult with the insured in conjunction with the selection of the environmental consultant. J. Environmental laws mean federal, state, provincial, municipal or other local laws, statutes, ordinances, regulations, and all amendments thereto, including state voluntary cleanup or risk -based corrective action guidance, governing the liability of the Insured with respect to pollution conditions. K. Executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. L. Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because: It incorporates your product or your work that is known or thought to be defective, deficient, inadequate or dangerous; or You have failed to fulfill the terms of the contract or agreement; If such property can be restored to use by: The repair, replacement, adjustment or removal of your product or your work; or Your fulfilling the terms of the contract or agreement. M. Insured contract means: A sidetrack agreement; Any easement or license agreement; 3. An obligation, as required by ordinance, to indemnify a municipali` - ---` - ------s:__ work for a municipality; Risk MmaganadDiAsian % REVIEWED & APPROVED BY. 4. An elevator maintenance agreement; '' Risk Management Specialist ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission 5. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph 5. does not include that part of any contract or agreement: a. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or b. Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the Insured's rendering or failure to render professional services, including those listed in Item 5.a. above and supervisory, inspection, architectural or engineering activities. N. Loss means bodily injury or property damage, neither expected nor intended from the standpoint of the Insured, caused by or resulting from a pollution condition and which results in a claim or suit. O. Mediation means the non -binding intervention of a neutral third -party to effect resolution of a claim. P. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; 6. Vehicles not described in 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered auto: Risk MmagtAnad DRR810R a. Equipment designed primarily for: % REVIEWED&APPROVED BY: '' Risk Management Specialist ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower workers; and C. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. Q. Mold means mildew, fungus, or mold; including mycotoxins, spores or byproducts produced or released by fungi. R. Named Insured means the person or entity shown in Item 1. of the Declarations. S. Natural resource damage means damage for, injury to, destruction of, or loss of fish, wildlife, biota, land, air, water, groundwater, drinking water supplies, and other similar resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States, and state or local government, any foreign government, or any Indian Tribe, including the reasonable costs of assessing such injury, destruction or loss resulting there from. T. Non -Owned Disposal Site means a facility or site that is used for treatment, storage or disposal of any material or waste provided the Non -Owned Disposal Site is not owned, operated, leased or maintained by the insured or affiliated entity. U. Pollution condition means the discharge, dispersal, release, escape, migration, or seepage of any solid, liquid, gaseous or thermal, material matter, irritant or contaminant, including smoke, soot, vapors, fumes, acids, alkalis, chemicals, hazardous substances, hazardous materials, low level radiological material, or waste materials including medical, infectious, or pathological wastes, on, in, into, or upon land and structures thereupon, the atmosphere, surface water or groundwater. Pollution condition includes electromagnetic fields, mold, virus(es), and bacteria including Legionella pneumophila. V. Products - completed operations hazard: Includes all bodily injury and property damage occurring away from premises you own or rent and caused by pollution conditions arising out of your product or your work except: Products that are still in your physical possession; or Work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction. repair or replacement, but which is otherwise complete, will be treated as completed. 2. Does not include bodily injury or property damage arising out of Risk MwagernadDivision REVIEWED & APPROVED BY. ''� Risk Management Specialist ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission a. The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the loading or unloading of that vehicle by any Insured; b. The existence of tools, uninstalled equipment or abandoned or unused materials. W. Professional services means those architectural, engineering, consulting, project management or construction management services that are performed by you or on your behalf. Professional services includes making recommendations for the site selection, transportation, disposal or treatment of pollution condition(s). X. Property damage means: 1. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of physical injury that caused it; or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the loss; or 3. Cleanup costs; or 4. Natural Resource Damage; or 5. Diminished value of property owned by third parties. Y. Replacement costs means reasonable expenses necessarily incurred by the insured to repair or replace real property or physical improvements to such real property that were made prior to the pollution condition and damaged during the course of responding to the pollution condition. Replacement costs do not include costs associated with improvements or betterments. Z. Responsible Insured means any employee of the insured responsible for environmental affairs, control, or compliance, or any officer, director, partner, branch manager, operations manager, or project manager of the Named Insured. AA. Suit means a civil proceeding in which damages because of bodily injury or property damage to which this insurance applies are alleged. Suit includes: 1. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. BB. Your product: 1. Means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. Ride Management Division 2. Includes: ""-`e ?� o'aN'i°Y REVIEWED&APPROVED BY: Af, t` 0 ^,w44 o� ''� Risk Management Specialist ENV-1203 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. CC. Your work: 1. Means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. 2. Includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work; and b. The providing of or failure to provide warnings or instructions. Risk Management DiAsian 3I / REVIEWED & APPROVED BY: t� tgcev-� '® Risk Management Specialist (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permission PROFESSIONAL LIABILITY COVERAGE ENDORSEMENT — CLAIMS MADE Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART THIS IS A CLAIMS -MADE AND REPORTED POLICY WHICH COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSURED AND REPORTED TO THE INSURER, IN WRITING, DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD, IF ANY. In consideration of the premium charged, it is hereby agreed the following coverage is added to the policy: I. SECTION I., COVERAGES, of the policy to which this endorsement is attached is hereby amended by addition of the following: COVERAGES - PROFESSIONAL LIABILITY A. Insuring Agreement We will pay those sums in excess of the deductible shown in the Declarations that the insured becomes legally obligated to pay as damages because of claim(s) that result from the rendering or failure to render professional services for others to which this insurance applies. We shall have the right and duty to defend the insured against any suit(s) seeking those damages. However, we have no duties to pay damages as a result of claim(s) nor shall we have any duty to defend the insured against any suit(s) seeking damages that result from rendering or failure to render professional services to which this insurance does not apply. We may, at our discretion, investigate any alleged act, error, or omission and settle any claim(s) that may result. But the amount we will pay for damages is limited as described in III. LIMITS OF INSURANCE Section; and our right and duty to defend ends when the applicable limit of insurance has been exhausted in the payment of judgments, settlements or supplementary payments under all attached Coverage Parts and all Supplementary Payments which reduce the Limit of Insurance. 2. This insurance applies to claim(s) that result from the rendering or failure to render professional services only if: a. The alleged act, error, or omission takes place after the Retroactive Date, if any, shown in the Declarations and before the end of the policy period; and b. The damages are caused by an alleged act, error, or omission that takes place in the coverage territory; and c. The claim(s) are first made against any Insured and reported to the insurer, in writing: 1) During the policy period: 2) During the sixty (60) day period after the end of the policy period in accordance with Section VI. EXTENDED REPORTING PERIOD, A. Automatic Extended Reportin ' 3) During the thirty-six (36) month period after the end of the policy peric n.°"A ceo Risk MmaganadDiMsian Section VI. EXTENDED REPORTING PERIOD, B. Optional Extended idEVIEWED&APPROVED BY: �3Jt1i LLIf A�•g e i�ceva4 ENV-1205 (03-14) Includes copyrighted material of Insurance Services Office, Inc. with its permission —�� rusk Management specialist 3. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times: a. When a notice of such claim is received and recorded by any insured or by us, whichever comes first; or b. When we make a settlement in accordance with Paragraph 1. above. If additional claims are subsequently made which arise out of the same specific set of facts as a claim already made in accordance with Paragraph 2. above, then all such additional claims shall be deemed first made within the policy period in which the earliest claim arising out of such specific set of facts was made, and all such claims shall be subject to the same Limit of Insurance. B. Exclusions The insurance does not apply to: 1. Contractual Liability Claim(s) based upon or arising from any liability of others assumed by the insured through contract or agreement. This exclusion shall not apply to liability: a. That the insured would have in the absence of a contract or agreement; or b. That would result from the rendering or failure to render professional services. 2. Employer's Liability Claim(s) based upon or arising from the injury to any present or former employee or executive officer of any insured, including but not limited to wrongful termination, discrimination, or any unfair employment practices. 3. Executive Officer Claim(s) based upon or arising from your services and/or capacity as an executive officer, director, partner, trustee or employee of a business enterprise not named in the Declarations. 4. Express Warranties and Guarantees Claim(s) based upon or arising from express warranties and guarantees. However, this exclusion shall not apply to liability that an insured would have in the absence of such express warranties or guarantees. 5. Fines and Penalties or Injunctive Relief Any suit(s) or claim(s) seeking injunctive relief; or payment for fines, penalties, punitive, exemplary or multiplied damages unless allowed by law. 6. Insured's Property Claim(s) based upon or arising from the insured's ownership, rental, lease, maintenance, operation, use, repair, voluntary or involuntary sale, transfer, exchange, gift, abandonment, or condemnation of real or personal property. 7. Insurance and Suretyship Claim(s) based upon or arising from your advising or requiring others, or the failure to advise or require others, to maintain any form of insurance, suretyship or bond. 8. Insured's Internal Expenses Claim(s) based upon or arising from expenses incurred by an insured for services performed by its salaried staff and employees. This exclusion shall not apply to re -work or reconstruction costs incurred by a named insured as part of the settlement of any claim(s) to which this insurance applies, but solely to the extent that such re -work or reconstruction costs: 1) have been pre -approved by Insurer; and 2) constitute the named insured's actual out- of-pocket labor and expense costs that are not marked -up using multipliers for `-;-- . `----`;`- - • -L---A profit. Risk MwaganadDasian °Y REVIEWED & APPROVED BY. +; ^ of Af, t` ,w44 ENV-1205 (03-14) Includes copyrighted material of Insurance Services Office, Inc. with its permission —�� Risk Management specialist 9. Intentional Acts Claim(s) based upon or arising from a responsible insured's: a. Dishonest, intentional, fraudulent, malicious, willful, deliberate or knowingly wrongful act; or b. Dishonest, intentional, fraudulent, malicious, willful or deliberate non-compliance with any statute, regulation, ordinance, administrative complaint, notice of violation, notice letter, executive order, or instruction of any governmental agency or body prior to or after inception of this policy. 10. Other Enterprises Claim(s) based upon or arising from any business enterprise owned, operated or managed by an insured or its parent company or the affiliate, successor or assignee of such company not named in the Declarations. 11. Products Liability Damage to your product arising out of it or any part of it. 12. Prior Claims Claim(s) made against you prior to the inception of this policy. 13. Vehicles Claim(s) based upon or arising from the use, maintenance, entrustment to others, or operation of any auto, aircraft, watercraft or other conveyance. 14. War Claim(s) based upon, arising out of any consequence, whether direct or indirect, of war, invasion, act of foreign enemy, terrorism, civil war, rebellion, revolution, insurrection or military or usurped power. 15. Workers' Compensation Claim(s) based upon or arising from any obligation of an insured under any workers compensation, disability benefits, or unemployment compensation law or any similar law. C. Supplementary Payments We will pay, with respect to any claim(s) we investigate or settle, or any suit(s) against an insured we defend: 1. All expenses we incur. 2. All premiums on appeal bonds or bonds to release attachments, but only for bond amounts within the applicable Limit of Insurance. The company does not have the obligation to apply for or furnish these bonds. 3. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim(s) including actual loss of earnings up to $250 a day because of time off of work. 4. All costs taxed against the insured in the suit(s). 5. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Limit of Insurance. These payments will reduce the Limits of Insurance shown in the Declarations. II. LIMITS OF INSURANCE For the purpose of the insurance provided by this endorsement, the following apply: The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, claim(s) made or suit(s) brought or persons or organizations suit(s). Risk nmage nadD`"eian REVIEWED & APPROVED BY. of Af, t` ,w44 ENV-1205 (03-14) Includes copyrighted material of Insurance Services Office, Inc. with its permission —�� Risk Management specialist The General Aggregate Limit shown in the Declarations is the most we will pay for the sum of damages under all Coverage Parts and Supplementary Payments afforded by this policy. The Limits of Insurance apply to the policy period shown in the Declarations or as amended by endorsement. The Each Claim Limit shown in the Declarations is the most we will pay for the sum of damages including Supplementary Payments under this policy because of all claim(s) arising out of any alleged act, error or omission. We will pay covered claim(s) in excess of the deductible amount shown on the Declarations page. The deductible amount stated on the Declarations is applicable to each claim. The deductible amount applies once to each claim and can be applied either for defense expenses, investigation, settlement, compromise, or indemnification. We, at our sole election and option, may either: 1. Pay any part of the deductible amount to effect settlement or expense of any claim, and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount that has been paid by us; or 2. Simultaneously upon receipt of notice of any claim or at any time thereafter, call upon you to pay or deposit with us all or any part of the deductible amount, to be held and applied by us at our sole discretion. If a claim has not entered into litigation, and we and the Named Insured mutually agree to mediation as a means to settle a claim made against the insured, and if such claim is settled as a direct result of and during the mediation, the deductible stated in the Declarations or applicable endorsement(s) shall be waived up to a maximum of $25,000. When this occurs, we will reimburse the Named Insured as soon as practical for any qualifying deductible amount which was already paid by the Named Insured prior to the mediation. III. GENERAL CONDITIONS For the purpose of the insurance provided by this endorsement, the following apply and any conflicting provisions of Section IV., GENERAL CONDITIONS, of the policy to which this endorsement is attached shall not control coverage afforded herein: Duties in the event of a Claim: 1. When you first become aware of any act, error, omission or circumstance which may subsequently give rise to a claim you must give us written notice of such act, error, omission or circumstance as soon as practicable in accordance with the reporting provisions in COVERAGES — PROFESSIONAL LIABILITY, A. Insuring Agreement, 2.c. Written notice should include: a. A description of the act, error, omission or circumstance; and b. The identity(ies) of potential claimant(s) and involved insured(s); and c. The injury or damages which have resulted and/or may result from such act, error, omission or circumstance; and d. The manner and date on which you first became aware of such act, error, omission or circumstance; and e. The reasons why you believe a claim is likely to be made. If the above act, error, omission or circumstance is reported to us as stated above, then any claim(s) subsequently made against you arising out of such act, error, omission or circumstance will be treated as if it had been first made during the policy period. 2. If a claim is made or suit is brought against any insured, you must: a. Immediately record the specifics of the claim or suit and the date received; b. Notify us, in writing, of the claim or suit as soon as practicable. 3. You and any other involved insured must: a. Immediately send us copies of any demands, notices, summons or legal RiskMmaganadDhisian with the claim or suit; REVIEWED&APPROVED BY: of Aa f, {)cev44 ENV-1205 (03-14) Includes copyrighted material of Insurance Services Office, Inc. with its permission — rusk Management specialist b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of the claim or defense against the suit; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will, except at your own cost, voluntarily make a payment, assume any obligation, or incur any expense without our consent. Duty to Defend The Insurer will have the right and the duty to defend the insured against a claim to which this insurance applies. However, such duty to defend ends once the Limits of Insurance are exhausted or are tendered into a court of applicable jurisdiction, or once the insured refuses a settlement offer as provided in Paragraph 3., below. 2. The Insurer will have the right, but not the duty, to select legal counsel for the investigation, adjustment, and defense of any claim(s) covered under this Policy. 3. The Insurer will present all settlement offers to the insured. The Insurer will not settle without the consent of the insured. If the Insurer recommends a settlement which is acceptable to a claimant, which exceeds any applicable deductible, is within the Limits of Insurance, and the insured refuses to consent to such settlement offer, then the Insurer's duty to defend shall end. The Insurer's liability for claim(s) or supplementary payments shall not exceed the amount for which the claim could have been settled if the recommendation made by the Insurer had been accepted, exclusive of the deductible. Inspection With reasonable notice to the insured, the Insurer shall be permitted, but not obligated, to inspect the insured's premises, equipment, and/or operations. Neither the Insurer's right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking, on behalf of or for the benefit of the insured or others, to determine or warrant that such property or operations are safe or in compliance with any applicable law, regulation or rule. Any recommendations or information provided is not intended as a substitute for advice from a safety expert or legal counsel you may retain for your own purposes. It is not intended to supplant any legal duty you may have to provide a safe premises, workplace, product or operation. Headings The descriptions in the headings and sub -headings of this policy are inserted solely for convenience and do not constitute any part of the terms or conditions hereof. IV. DEFINITIONS For the purpose of this endorsement the following definitions apply and any conflicting provisions of Section VI., DEFINITIONS, of the policy to which this endorsement is attached shall not control coverage afforded herein: A. Auto means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But auto does not include mobile equipment. B. Claim(s) means: 1. A request or a demand received by you or us for money or services, including the institution of suit, seeking damages arising from an act, error, or omission in the rendering or failure to render professional services; and 2. A request or a demand received by you or us for money or services, including the institution of suit, seeking damages that result from a mold condition arising from an act, error, or omission in the rendering or failure to render professional services. C. Coverage territory means: 1. The United States of America, its territories and possessions, and Puerto Rico; and 2. International waters or airspace, but only if the injury or damage occurs _ +*' ogn"Oe transportation between any places included in Item 1., above. 3 o ra��o� me A ijc,w44 ENV-1205 (03-14) Includes copyrighted material of Insurance Services Office, Inc. with its permission —�� rusk Management specialist D. Employee includes temporary and/or leased staff working on behalf of and under direct supervision by you, but only while performing professional services for others to which this insurance applies. E. Executive officer means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document. F. Mediation means the non -binding intervention of a neutral third -party to effect resolution of a claim. G. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in items 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers; 6. Vehicles not described in items 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered auto: a. Equipment designed primarily for: 1) Snow removal; 2) Road maintenance, but not construction or resurfacing; or 3) Street cleaning; b. Cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. H. Mold means mildew, fungus, or mold; including mycotoxins, spores or byproducts produced or released by fungi. I. Mold condition means the discharge, dispersal, seepage, migration, release or escape of mold or bacteria provided such conditions are not naturally occurring in the environment in the amounts and concentrations discovered. J. Named Insured means the person or entity shown in item 1. of the Declarations. K. Pollution condition means the discharge, dispersal, release, escape, migration, or seepage of any solid, liquid, gaseous or thermal, material matter, irritant or contaminant, including smoke, soot, vapors, fumes, acids, alkalis, chemicals, hazardous substances, hazardous materials, low level radiological material, or waste materials including medical, infectious, or pathological wastes, on, in, into, or upon land and structures thereupon, the atmosphere, surface water or groundwater. Pollution condition includes electromagnetic fields, mold, bacteria, including Legionella pneumophila, and silt or sedimentation. L. Policy period means the period shown on the Declarations, or any shorter period r or termination of this policy, or any other period as amended by endorsement. n.°^a E Risk Mwaganad DiAsian REVIEWED &APPR^� APPROVED BY.- ^ ENV-1205 (03-14) Includes copyrighted material of Insurance Services Office, Inc. with its permission —�� Risk Management specialist M. Professional services mean those architectural, engineering, consulting, testing, data evaluation or interpretation, project management or construction management services that are performed by you or on your behalf. Professional services include making recommendations for the site selection, transportation, disposal or treatment of pollution condition(s). Professional services do not mean your work. N. Responsible insured means any employee of the insured responsible for environmental affairs, control, or compliance, or any officer, director, partner, branch manager, operations manager or project manager of the Named Insured. O. Suit(s) means a civil proceeding in which damages because of any acts, errors, or omissions to which this insurance applies are alleged. Suit includes: 1. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent; or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. P. Your product: 1. Means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: 1) You; 2) Others trading under your name; or 3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. 2. Includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product; and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. Q. Your work: 1. Means: a. Faulty workmanship, construction or operations, including, but not limited to, any erection, fabrication, installation, assembly, manufacture or remediation work performed, executed, or completed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such workmanship, construction or operations. 2. Includes: a. Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work; and b. The providing of or failure to provide warnings or instructions. V. EXTENDED REPORTING PERIOD In the event that this policy expires or is cancelled or non -renewed by the insured or the Company, for any reason, except for non-payment of premium or deductible amounts, the following shall apply •_ __.._____ _�__�_� �...�:_ endorsement: Risk MwaganentDasian REVIEWED & APPROVED BY. of Af, t` ,w44 ENV-1205 (03-14) Includes copyrighted material of Insurance Services Office, Inc. with its permission —�� Risk Management specialist A. Automatic Extended Reporting Period 1. We shall provide the insured at no additional premium an Automatic Extended Reporting Period of sixty (60) days for any claim(s) first made against the insured during the policy period, or during this Automatic Extended Reporting Period provided: a. The claim(s) arises out of a professional service(s) to which this insurance applies; and b. The professional service(s) commence on or after the Retroactive Date shown in the Declarations and before the end of the policy period; and c. The claim(s) is reported in writing to us within sixty (60) days after the end of the policy period in accordance with GENERAL CONDITIONS, Duties in the Event of a Claim. 2. The Automatic Extended Reporting Period shall become effective after the end of the policy period. 3. The Automatic Extended Reporting Period shall not reinstate or increase the Limits of Insurance, nor shall it extend the policy period or change the scope of the coverage provided. 4. The Automatic Extended Reporting Period shall not be provided if the insured has purchased other insurance to replace the coverage provided under this endorsement, unless the other insurance is purchased from us concurrent with the end of this policy period. B. Optional Extended Reporting Period The Named Insured, upon payment of a maximum additional premium of 200% of the total annual policy premium, shall be entitled to purchase an Optional Extended Reporting Period of thirty-four (34) months for any claim(s) first made against the insured during the policy period, during the Automatic Extended Reporting Period, or during this Optional Extended Reporting Period provided: a. The claim(s) arises out of a professional service(s) to which this insurance applies; and b. The professional service(s) commence on or after the Retroactive Date shown in the Declarations and before the end of the policy period; and c. The claim(s) is reported in writing to us more than sixty (60) days after the end of the policy period and no later than thirty-six (36) months after the end of the policy period in accordance with GENERAL CONDITIONS, Duties in the Event of a Claim. 2. A written request for the Optional Extended Reporting Period must be received by us within thirty (30) days immediately following the end of the policy period. 3. Upon payment of the additional premium, the Optional Extended Reporting Period may not be cancelled and no return premiums will be provided. 4. The Optional Extended Reporting Period shall become effective at the end of the Automatic Extended Reporting Period. 5. The Optional Extended Reporting Period shall not reinstate or increase the Limits of Insurance, nor shall it extend the policy period or change the scope of the coverage provided. 6. The Optional Extended Reporting Period shall not be provided if the insured has purchased any other insurance to replace the coverage provided under this endorsement. Risk ManagetnadDiAsian REVIEWED & APPROVED BY. Af, t`7Lev44 ENV-1205 (03-14) Includes copyrighted material of Insurance Services Office, Inc. with its permission — Risk Management specialist NON -OWNED DISPOSAL SITE(S) LIABILITY ENDORSEMENT Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART THIS IS A CLAIMS -MADE ENDORSEMENT WHICH COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSURED AND REPORTED TO THE INSURER, IN WRITING, DURING THE POLICY PERIOD. PLEASE READ THIS ENDORSEMENT CAREFULLY. SOME OF THE PROVISIONS CONTAINED IN THIS ENDORSEMENT RESTRICT COVERAGE, SPECIFY WHAT IS AND IS NOT COVERED AND DESIGNATE RIGHTS AND DUTIES. LEGAL DEFENSE EXPENSES ARE SUBJECT TO AND WILL ERODE THE LIMITS OF INSURANCE AND ANY APPLICABLE DEDUCTIBLES. SCHEDULE Limits of Insurance: $ 1,000,000 Each Claim $ 1,000,000 Non -Owned Disposal Site Aggregate Limit (serves to reduce the General Aggregate Limit shown on the Declarations page) Deductible: $ 10,000 Each Claim Retroactive Date: 08/04/2014 No coverage is provided under this policy for Non -Owned Disposal Site(s) unless this endorsement is attached as a part of the policy; coverage then applies only for the Limits of Insurance specifically listed in above SCHEDULE. A. For the purposes of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE PART, COVERAGES, A. Insuring Agreement is deleted in its entirety and replaced by the following: COVERAGES — NON -OWNED DISPOSAL SITE LIABILITY Insuring Agreement We will pay those sums in excess of the deductible shown in the above SCHEDULE that the insured becomes legally obligated to pay for claim(s) or suit(s) seeking damages for bodily injury, property damage, or cleanup costs arising from liability of the insured that results from pollution condition(s) on, at, under, or migrated beyond the boundaries of a Non -Owned Disposal Site as a result of the disposal of any material or waste by the insured provided: Such pollution condition(s) first commence after the Retroactive Date listed in the above SCHEDULE, if any, and before the end of the policy period and any resulting claim(s) are reported to us in writing, during the policy period or any applicable Extended Reporting Period; and b. The material or waste is from a job site where your work is being RiskM performed; and "°Ra a�agernentDivisian - ..E 3, REVIEWED & RPPROVm BY: ENV-1230 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permissior ' tq AIZV44 ® Risk Management Specialist C. The Non -Owned Disposal Site is not owned, operated, leased, or maintained by the Named Insured or any related entity; and The Non -Owned Disposal Site is a treatment, storage or disposal facility that: Is currently permitted and/or licensed by the applicable federal, state, provincial, or municipal authorities; and Is permitted at the time the material or waste is transferred to the Non -Owned Disposal Site for treatment, storage or disposal; and the Non -Owned Disposal Site is not listed on a proposed or final federal National Priorities List or Superfund database, or any state, provincial and/or municipal equivalent of the National Priorities List or Superfund database, at or prior to the time the material or waste is transferred to the Non -Owned Disposal Site for treatment, storage or disposal. We shall have the right and duty to defend the insured against any claim or suit seeking those damages. However, we shall have no duty to defend the insured against any claim or suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may, at our discretion, investigate any loss and settle any claim(s) or suit(s) that may result. But the amount we will pay for damages is limited as described in C. LIMITS OF INSURANCE below; and our right and duty to defend ends when the applicable limit of insurance has been exhausted in the payment of judgments, settlements or supplementary payments under all attached Coverage Parts and all Supplementary Payments which reduce the Limit of Insurance. In the event a loss continues to take place during multiple policy periods for policies issued by us, all bodily injury and property damage arising out of such loss will be deemed to take place during the earliest period during which the loss commenced. B. For the purposes of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE PART, COVERAGES, Exclusions, Non -Owned Disposal Sites is deleted in its entirety and replaced by the following: Bodily injury or property damage arising out of pollution conditions on, at, under or migrated from a Non - Owned Disposal Site. This exclusion does not apply to Non -Owned Disposal Site(s) described above in COVERAGES, NON -OWNED DISPOSAL SITE LIABILITY, Insuring Agreement. C. For the purposes of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE PART, LIMITS OF INSURANCE is amended to include the following: The Each Claim Limit shown in the SCHEDULE set forth above is the most we will pay for the sum of all damages because of a loss arising out of any one claim(s) or suit(s) under this endorsement. The most we will pay with respect to any pollution condition that continues during the policy periods of more than one Non -Owned Disposal Site Liability Coverage Part is the Each Claim Limit shown in the SCHEDULE set forth above applicable to the first policy period during which the pollution condition commenced. The Contractors Pollution Liability Limit shown in the Declarations is amended to include damages and Supplementary Payments under the Non - Owned Disposal Site Liability Coverage Part. The Non -Owned Disposal Site Aggregate Limit shown in the SCHEDULE set forth above is the most we will pay for the sum of damages under all Coverage Parts and Supplementary Payments afforded by this endorsement. The General Aggregate Limit shown in the Declarations is amended to include damages and Supplementary Payments under the Non -Owned Disposal Site Liability Coverage Part. The deductible amount stated in the SCHEDULE set forth above is applicable to each claim and applies once to each claim and applies to defense expenses, investigation, settlement, compromise, or indemnification. o "�s Risk ManagementDiAsian % REVIEWEDA& APPROVED BY: ENV-1230 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permissior ' Tr3 f, Tr ,w44 Risk Management Specialist D. For the purposes of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE PART, DEFINITIONS is amended to include the following additional DEFINITION: Non -Owned Disposal Site means a facility or site that is used for treatment, storage or disposal of any material or waste. E. For the purposes of this endorsement, the following Extended Reporting Period Provisions are added: EXTENDED REPORTING PERIOD In the event that the coverage provided by this endorsement is deleted or the policy is cancelled or non -renewed by the insured or the Company, for any reason, except for non-payment of premium or non-payment of deductible amounts, the following shall apply: A. Automatic Extended Reporting Period The Insurer shall provide the insured at no additional premium an Automatic Extended Reporting Period of sixty (60) days for any claim(s) first made against the insured during this automatic extended reporting period provided: a. The claim(s) arises out of a pollution condition(s) to which this insurance applies; and b. The pollution condition(s) commences on or after the Retroactive Date shown in the Declarations and before the expiration or cancellation date of the Policy; and C. The claim(s) is reported in writing to the Insurer within sixty (60) days immediately following the expiration or cancellation date of the Policy. The Automatic Extended Reporting Period shall become effective on the expiration or cancellation date of the Policy. The Automatic Extended Reporting Period shall not reinstate or increase the Limits of Insurance, nor shall it extend the policy period or change the scope of the coverage provided. 4. The Automatic Extended Reporting Period shall not be provided if the insured has purchased other insurance to replace the coverage provided under this Policy. B. Optional Extended Reporting Period The Named Insured, upon payment of a maximum additional premium of 200% of the annual policy premium, shall be entitled to purchase an Optional Extended Reporting Period of thirty-four (34) months for any claim(s) first made against the insured during this optional extended reporting period or the automatic extended reporting period provided: a. The claim(s) arises out of a pollution condition(s) to which this insurance applies; and b. The pollution condition(s) commences on or after the Retroactive Date shown in the Declarations and before the expiration or cancellation date of the Policy; and C. The claim(s) is reported in writing to the Insurer within 36 months immediately following the expiration or cancellation date of the Policy. A written request for the Optional Extended Reporting Period must be received by the Insurer within thirty (30) days immediately following the expiration or cancellation date of the Policy. o "�s Risk Management Division % REVIEWED A& APPROVED BY: ENV-1230 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permissior Tr3fe TrceU44 Risk Management Specialist Upon payment of the additional premium, the Optional Extended Reporting Period may not be cancelled and no return premiums will be provided. 4. The Optional Extended Reporting Period shall become effective on the expiration date of the Automatic Extended Reporting Period. The Optional Extended Reporting Period shall not reinstate or increase the Limits of Insurance, nor shall it extend the policy period or change the scope of the coverage provided. All other terms and conditions remain the same. µoaa Risk ManaganadDiAsian i� L/ REVIEWED& APPROVED BY. ENV-1230 (03-10) Includes copyrighted material of Insurance Services Office, Inc. with its permissior �SJiliiJllf L' A f I A1,1V 4 ® Risk Management Specialist II:7_111:901A>[11111111]►MIT, I[9i-'%V ["IMZR24►IBIG]*14►vi14k,III Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance, including but not limited to, the payment of claims. All other terms and conditions of policy remain unchanged. ALL-21101 (11-06) Ptd. In U.S.A. Authorized Agent Risk Managanad Divisian r � REVIEWED & APPROVED BY. - Risk Management Specialist POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations 1) As required by written contract, prior to a loss to which this insurance applies. 2) The City of Pomona including its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Risk ManaganadDl isian REVIEWED & APPROVED BY.- ® Risk Management Specialist Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 n.oRaN Risk ManaganadUlMsian E REVIEWED & APPROVED BY: ® tq t�cev-r Risk Management Specialist CG20100413 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations The City of Rialto including its appointed officers, N/A directors, etc. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Risk ManaganadDl isian REVIEWED & APPROVED BY.- ® Risk Management Specialist Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 n.oRaN Risk ManaganadUlMsian E REVIEWED & APPROVED BY: ® tq t�cev-r Risk Management Specialist CG20100413 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations 1) As required by written contract, prior to a loss to which this insurance applies. 2) The City of Pomona including its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 o "�s Risk ManagementDlMsian REVIEWED & APPROVED BY: ® Rfsk Management Specialist Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 Risk MmagYlnad UlMsiaR REVIEWED & APPROVED BY. tq t�cev-r Risk Management Specialist CG20100413 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Rialto including its appointed officers, directors, etc. N/A Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 o "�s Risk Mouganad DlMsian REVIEWED & APPROVED BY. tq t�cev-r Risk Management Specialist Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 06 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA -RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. CG 21 06 05 14 © Insurance Services Office, Inc., 2013 o "�s Risk ManagementDlMsian REVIEWED & APPROVED BY. Risk Management Specialist Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 21 32 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph B. The following exclusion is added to Paragraph 2.Exclusions of Section I — Coverage A — 2.Exclusions of Section I — Coverage B — Bodilylnjury And Property Damage Liability: PersonalAnd Advertising Injury Liability: 2. Exclusions This insurance does not apply to: Communicable Disease "Bodily injury" or "property damage" arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the disease; or d. Failure to report the disease to authorities. 2. Exclusions This insurance does not apply to: Communicable Disease "Personal and advertising injury" arising out ofthe actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the: a. Supervising, hiring, employing, training or monitoring of others that may be infected with and spread a communicable disease; b. Testing for a communicable disease; c. Failure to prevent the spread of the disease; or d. Failure to report the disease to authorities. n.oRaN Risk ManaganadDlMsian E REVIEWED & APPROVED BY.' Risk Management Specialist CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ALL KNOWN OR REPORTED INCIDENTS EXCLUSION Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY PROFESSIONAL LIABILITY This insurance does not apply to bodily Injury, property damage, personal and advertising injury, or pollution conditions from any incident, claim, suit, act, error, omission or accident: 1) of which the insured is aware, or reasonably should have been aware; or 2) committed by the insured or alleged to have been committed by the insured which is known or reported to the insured, his agent, broker or insurance company prior to the inception date of this policy are excluded from coverage under this policy. All other terms and conditions remain the same. Risk Management Divisian 3I / REVIEWED & APPROVED BY: '72E� Risk Management Specialist ENV-3103 (12/10) ©Chubb. 2016. All rights reserved Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions: A. Cancellation The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. Ten (10) days before the effective date of cancellation if we cancel for nonpayment of premium; or b. Thirty (30) days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice of cancellation to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time. D. Inspections and Surveys 1. We have the right to: a. Make inspections and surveys at any time; Risk MmagernentDiviaian a' REVIEWED & APPROVED BY.- b. Give you reports on the conditions we find; and ENV-3107 (09-04) Includes copyrighted material of Insurance Services Office, Inc. with its permissiol Risk Management Specialist C. Recommend changes. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. E. Premiums The first Named Insured shown in the Declarations: Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay; 3. Is responsible for the prompt payment of all deductibles under this policy. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Risk ManaganadDlMsian REVIEWED & APPROVED BY.- ENV-3107 (09-04) Includes copyrighted material of Insurance Services Office, Inc. with its permissiol ® Risk Management Specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE crwi=ni n IF Coverage Per Claim Deductible Per Occurrence Deductible Bodily Injury & Property Damage Liability Combined Not Applicable $2,500 A. Our obligation under the Bodily Injury Liability and Property Damage Liability coverage parts to pay damages on your behalf applies only to the amount of damages in excess of any Deductible amounts stated in the Schedule above, as applicable to such coverage. B. Deductible amounts may be on either a Per Claim or Per Occurrence basis. The Deductible amount stated in the Schedule above applies as follows: 1. Per Claim Basis If the Deductible amount indicated in the Schedule above is on a Per Claim basis that Deductible amount applies to all damages sustained by any one person because of: a. bodily injury; or b. property damage; or c. bodily injury and property damage combined as the result of any one occurrence If damages are claimed for care, loss of services or death resulting at any time from bodily injury, a separate Deductible amount will be applied to each person making a claim for such damages. With respect to property damage; the definition of person includes an organization. 2. Per Occurrence Basis If the Deductible amount indicated in the Schedule above is on a Per Occurrence basis that Deductible amount applies to all damages because of: a. bodily injury; or b. property damage; or c. bodily injury and property damage combined as the result of any one occurrer Risk MmaganadDiMsfan of persons or organizations who sustain damages because of that occurrence. s%n.oRa E p 9 9 REVIEWED & APPROVED BY.- C. The terms of this insurance, including those with respect to: Risk Management Specialist y NJ ENV-3110 (09-04) Page 1 of 2 1. Our right and duty to defend the Insured against any claim(s) or suit(s) seeking those damages; and 2. Your duties in the event of an occurrence, claim or suit, apply irrespective of the application to the Deductible amount. D. We may pay any part, or all, of the Deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, you shall promptly reimburse us for such part of the Deductible amount as has been paid by us. All other terms and conditions remain the same. Risk Managanad UlMsian r � REVIEWED & APPROVED BY. - Risk Management Specialist ENV-3110 (09-04) Page 2 of 2 NOTICE OF CANCELLATION TO SPECIFIC PARTIES ENDORSEMENT Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: SCHEDULE a) Public Facilities Group, its subsidiaries, affiliates, and their respective officers, directors, employees, stockholders, partners, agents, representatives and each of their respective successors and assigns b) Los Angeles County Facilities, Inc., its subsidiaries, affiliates, and their respective officers, directors, employees, stockholders, partners, agents, representatives and each of their respective successors and assigns c) TC LA Development LLC, its subsidiaries, affiliates, and their respective officers, directors, employees, stockholders, partners, agents, representatives and each of their respective successors and assigns d) The County of Los Angeles, its special districts, affiliates, any nonprofit corporation or other entity in which the County of Los Angeles is a member, and their respective elected and appointed officials, subsidiaries, members, beneficiaries, trustees, officers, directors, employees, stockholders, partners, agents, representatives and each of their respective successors and assigns e) Trammell Crow Company f) CBRE Group, Inc. g) The Community Development Commission of the County of Los Angeles 2) The City of Pomona 505 South Garey Ave Pomona, CA 91766 If we decide to cancel this policy on or before the expiration date shown on the Declarations Page, we will endeavor to mail to the person(s) or organization(s) shown in the Schedule above, written notice of cancellation not less than 10 days prior to cancellation for non-payment of premium or 30 days prior to cancellation for any other reason. Failure to provide such notification will not invalidate the cancellation of this policy. All other terms and conditions remain unchanged. o N Risk Management Divisian REVIEWED & APPROVED BY: 3; 'e,I 44 ENV-3126 (08-11) ©Chubb. 2016. All rights reserved. Risk Management specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEPARATE DEFENSE LIMIT ENDORSEMENT - CONTRACTOR'S POLLUTION LIABILITY This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SECTION I - COVERAGES, C. Supplementary Payments is deleted in its entirety and replaced by the following: C. Supplementary Payments We will pay, with respect to any claim(s) we investigate or settle, or any suit(s) against an insured we defend: 1. All expenses we incur. 2. All premiums on appeal bonds or bonds to release attachments, but only for bond amounts within the applicable Limit of Insurance. The company does not have the obligation to apply for or furnish these bonds. 3. All reasonable expense(s) incurred by the insured at our request to assist us in the investigation or defense of the claims) or suit(s), including actual loss of earnings up to $250 per day because of time off from work. 4. All costs taxed against the insured in the suit(s). 5. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Limit of Insurance. These payments will not reduce the Limits of Insurance shown in the Declarations until we have paid $1,000,000 in total Supplementary Payments, after which these payments will reduce the Limits of Insurance shown in the Declarations. ENV-3137 (08-04) „. Risk MwaganentDivisian REVIEWED & APPROVED BY. - Risk Management Specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEPARATE DEFENSE LIMIT ENDORSEMENT - PROFESSIONAL LIABILITY COVERAGE This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY COVERAGE PART SECTION I - COVERAGES, C. Supplementary Payments is deleted in its entirety and replaced by the following: C. Supplementary Payments We will pay, with respect to any claim(s) we investigate or settle, or any suit(s) against an insured we defend: 1. All expenses we incur. 2. All premiums on appeal bonds or bonds to release attachments, but only for bond amounts within the applicable Limit of Insurance. The company does not have the obligation to apply for or furnish these bonds. 3. All reasonable expense(s) incurred by the insured at our request to assist us in the investigation or defense of the claim(s) or suit(s), including actual loss of earnings up to $250 per day because of time off from work. 4. All costs taxed against the insured in the suit(s). 5. Prejudgment interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance, we will not pay any prejudgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable Limit of Insurance. These payments will not reduce the Limits of Insurance shown in the Declarations until we have paid $1,000,000 in total Supplementary Payments, after which these payments will reduce the Limits of Insurance shown in the Declarations. ENV-3138 (08-04) „. Risk ManagernentDivisian REVIEWED & APPROVED BY. - Risk Management Specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143 (03-05) Includes copyrighted material of Insurance Services Office, Inc. with its pe Risk ManagmiadDivisian REVIEWED & APPROVED BY. - Risk Management Specialist rmisslon Page 1 o Westchester A Chubb Company TRANSPORTATION POLLUTION LIABILITY COVERAGE ENDORSEMENT Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 o8/04/2024to o8/04/2025 o8/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART I. COVERAGES - CONTRACTORS POLLUTION LIABILITY, Section B., Exclusions, 16. Vehicles, of this Coverage Part is deleted in its entirety and replaced with the following: 16. Vehicles Bodily injury or property damage arising from the use, maintenance, entrustment to others, or operation of any auto, aircraft, watercraft or other conveyance. This exclusion does not apply to: a. Bodily injury or property damage resulting from a pollution condition that commences during the transportation of your product by a carrier; or b. Bodily injury or property damage resulting from a pollution condition arising out of the ownership, maintenance or use of any autos or watercraft, including any loading and unloading thereof, as a part of your work. II. Sublimits of Insurance/Exposure-Specific Deductible $ i,000,000 Each Owned Transportation Condition Sublimit $ l,000,000 Transportation Pollution Aggregate Sublimit (serves to reduce the General Aggregate shown on the Declarations page) $ 2,500 Deductible The amount we shall pay for damages because of loss or emergency response expense that are the result of pollution conditions arising out of the ownership, maintenance or use of any autos or watercraft, including any loading and unloading thereof (hereinafter Owned Transportation Conditions), pursuant to this Endorsement is limited by the Each Transportation Condition and Transportation Pollution Aggregate Sublimits of Insurance set forth above. The Each Transportation Condition Sublimit identified above shall be the maximum amount the Insurer shall pay for all damages because of loss or emergency response expense arising out of any one Owned Transportation Condition. The Transportation Pollution Aggregate Sublimit of In shall be the maximum amount the Insurer shall pay for all damages because ,.oRA, E Risk Mmaganad DMsion response expense arising out of all Owned Transportation Conditions. These Sul 3 � REvAEwED & APPROVED BY: ENV-3146 (09-22) �� Rfsk Management Specialist (351661.1) Westchester A Chubb Company be subject to, and payments made pursuant to these Sublimits of Insurance shall erode, the Limits of Insurance contemplated in the LIMITS OF LIABILITY section of this Coverage Part. Notwithstanding anything identified in the Declarations or this Coverage Part, generally, or any other endorsement attached hereto, if any, which might normally be construed to the contrary, the deductible amount applicable to each and every Owned Transportation Condition shall be the deductible amount identified in this Endorsement. All other terms and conditions remain the same. Authorized Representative ENV-3146 (09-22) (351661.1) /H_oRAN,\ce Risk ManagenentUlMsian REVIEWED & APPROVED BY: A AIZV44 Risk Management Specialist GLOBAL PROGRAM SOLUTIONS AMENDATORY (Foreign Indemnity) ENDORSEMENT Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART THIRD -PARTY PREMISES POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP PREMISES POLLUTION LIABILITY COVERAGE PART SUDDEN AND ACCIDENTAL PREMISES POLLUTION LIAIBLITY COVERAGE PART PRODUCTS POLLUTION LIABILITY COVERAGE PART Notwithstanding anything in this policy that might be construed otherwise, including any definitions or provisions governing Defense and Claims Expense that discuss the geographic scope of coverage to be provided herein, the Coverage Territory of this policy shall include the following: 1. The United States of America, including its territories and possessions, and Puerto Rico; 2. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any of the places included in Item 1., above; and 3. All other parts of the world, except: a. The People's Republic of China; and b. Any of the former member states of the Union of Soviet Socialist Republics, including Armenia, Azerbaijan, Belarus, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan. This policy shall not afford coverage for any risk which would otherwise be in violation of the laws of the United States of America, including, but not limited to, economic or trade sanction laws or export control laws administered by the government of the United States of America. FOREIGN COVERAGE When a foreign occurrence arising out of one or more otherwise covered exposures of the insured or foreign entity causes injury or damage to which this insurance applies, rather than directly pay on behalf of the insured or foreign entity, we shall indemnify the insured for the foreign loss or foreign entity loss caused by a foreign occurrence subject to the following provisions. II. WHO IS AN INSURED The WHO IS AN INSURED provisions of this policy and any other associated definitions or schedules are hereby amended to confirm that foreign entities are not insureds on whose behalf we have a direct duty to pay settlements or judgments or to whom we owe any duty to defend. o "�s Risk Management Division REVIEWED & APPROVED BY. Risk Management Specialist ENV-3147 (10-12) III. DEFENSE AND SUPPLEMENTARY PAYMENTS Rather than directly defend an insured or foreign entity, we shall indemnify the insured for defense costs incurred in defending a suit brought against it or its foreign entity, provided that the insured complies with Section V., ADDITIONAL CONDITIONS, of this Endorsement, below, and all other policy terms, conditions and limitations. IV. LIMITS OF INSURANCE The insurance provided by this Endorsement is subject to all applicable limits of insurance, limits of liability, deductibles and self -insured retentions (if any) identified in the Declarations of, or elsewhere in, this policy, including any aggregate limits and sublimits (collectively "limits"). Any foreign loss or foreign entity loss for which we pay indemnity shall erode and be counted against such limits. Such limits apply on the same basis (e.g., per occurrence, per claim, in the aggregate etc.) with respect to the insureds as would apply if the foreign occurrence had taken place within the United States of America, including its territories and possessions, or Puerto Rico. The applicability of limits to Supplementary Payments or allocated loss adjustment expense applies on the same basis (pursuant to the applicable coverage part) as would apply if the foreign occurrence had taken place directly with respect to an insured within the United States of America, including its territories and possessions, or Puerto Rico. V. ADDITIONAL CONDITIONS The following conditions apply in addition to the conditions and limitations provided elsewhere in this policy. A. Claims Made and/or Reported Coverage (to the extent applicable) Any requirements in this policy that a claim be first made and/or reported, or deemed made and/or reported, during the policy period, or any discovery or extended reporting period, shall also apply to all claims made against a foreign entity for which an insured seeks indemnification. Any provisions regarding notice of circumstances which may become a claim pursuant to this policy shall apply to circumstances known or which reasonably should have been known by the insured. B. Additional Duties of the Insured 1. With respect to a foreign occurrence which may result in a claim to which this insurance applies, the insured assumes the duty to notify us, and must notify us in accordance with the conditions in the applicable coverage part or endorsement of this policy. 2. The insured shall, when directed by us: a. Retain in its own name, but, subject to any relevant retention or deductible obligations herein, a loss adjusting expert approved by us that is authorized in the jurisdiction in which the foreign loss or foreign entity loss occurred; b. Where permitted by applicable law, grant us the full right to collaborate with such loss adjusting expert; c. Grant us full access to any records produced by such loss adjusting expert; and d. Obtain the right to control the investigation, adjustment, defense and settlement of the foreign loss or foreign entity loss using experts approved by us, including access to books, records, bills, invoices, vouchers and other information. C. Payment as Discharge of Liability With respect to any foreign loss or foreign entity loss, payment to the insured shall, in all circumstances, to the extent of such payment, discharge us from any liability or alleged liability to any other person or entity, whether or not such person or entity is named as an insured pursuant to this policy. D. Truthfulness and Accuracy of Information 1. The insured shall make a good faith effort to provide truthful and accurate information to us with respect to the applicable foreign entity, foreign occurrence, claim, suit, foreign loss or foreign entity loss; and 2. The insured shall not, at any time, intentionally conceal or misrepresent facts concerning any foreign entity; any foreign loss; any foreign entity loss; any claim or suit; or any foreign occ n.oRaN Risk ManaganadDlMsian E REVIEWED & APPROVED BY. Risk Management Specialist ENV-3147 (10-12) NJ VI. Additional Definitions The following definitions apply to this Endorsement in addition to definitions set forth elsewhere in this policy: A. Allocated loss adjustment expense means any: 1. Expenses, costs and interest provided for pursuant to this policy that responds to a loss, claim, suit or demand; and 2. Other expenses, costs, or interest incurred in connection with the investigation, administration, adjustment, settlement or defense of any loss, claim, suit or demand arising pursuant to this policy that we directly allocate to a particular claim, whether or not a payment indemnifying the claimant(s) is made by any person or entity. Such expenses shall include: subrogation; all court costs, fees and expenses; fees for service of process; fees and expenses to attorneys for legal services; the cost of services of undercover operations and detectives; fees to obtain medical cost containment services; the cost of employing experts for the purpose of preparing maps, photographs, diagrams, or chemical or physical analysis, or for expert advice or opinion; the cost of obtaining copies of any public records; and the cost of obtaining depositions and court reporters or recorded statements. However, allocated loss adjustment expense does not include: 1. The salaries of the employees of any foreign entity or of the insured; 2. Fees, expenses and interest for legal services not provided to or for the benefit of the insured; and 3. Amounts otherwise reimbursed to the insured or foreign entity. B. Foreign entity means any person or entity which would otherwise qualify as an insured or additional insured as defined in or identified in any coverage part, endorsement or schedule attached to this policy, but for the fact that such person or entity is domiciled or its principal place of business is located within a jurisdiction outside of the United States of America, including its territories and possessions, or Puerto Rico. C. Foreign loss means: 1. Damages or other amounts to which this insurance applies, that an insured has incurred or becomes legally obligated to pay within a jurisdiction outside of the United States of America, including its territories and possessions, or Puerto Rico, as the result of injury, damage, loss, or liability to which this insurance would apply if the foreign occurrence had taken place within the United States of America, including its territories and possessions, or Puerto Rico; and 2. Any reasonable and necessary expenses or costs incurred by the insured to which this insurance would apply if we defended the claim or suit, which have not been paid, indemnified or reimbursed pursuant to any other insurance. D. Foreign entity loss means: 1. Damages, or other amounts to which this insurance applies, that a foreign entity has incurred or becomes legally obligated to pay because of injury, damage, loss, or liability to which this insurance would apply if the insured were directly liable for such amounts with respect to covered exposures located within the United States of America, including its territories and possessions, or Puerto Rico; and 2. Any reasonable and necessary expenses or costs incurred by a foreign entity to which this insurance would apply if we defended the claim or suit, which have not been paid, indemnified or reimbursed pursuant to any other insurance. E. Foreign occurrence means an accident, occurrence, pollution condition, loss, act, error or omission (as any of these terms may be defined in the applicable coverage parts), which may result in a foreign loss or foreign entity loss. All other terms and conditions of this policy remain unchanged. n.oRaN Risk ManagementDlMsian E REVIEWED & APPROVED BY.' Risk Management Specialist ENV-3147 (10-12) Westchester A Chubb Company POLLUTION CONDITION AMENDATORY ENDORSEMENT Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 o8/04/2024to o8/04/2025 o8/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART Subsection U. of the DEFINITIONS section of this Coverage Part is hereby deleted in its entirety and replaced with the following: U. Pollution condition means the discharge, dispersal, release, escape, migration, or seepage of any solid, liquid, gaseous or thermal material, matter, irritant or contaminant, including smoke, soot, vapors, fumes, acids, alkalis, chemicals, hazardous substances, hazardous materials, low- level radiological waste, mixed waste or waste materials, including medical, infectious, or pathological wastes, on, in, into, or upon land and structures thereupon, the atmosphere, surface water or groundwater, provided such conditions are not naturally present in the environment in the concentrations or amounts discovered. Pollution condition also includes: 1) electromagnetic fields, provided such conditions are not naturally present in the environment in the concentrations or amounts discovered; and 2) the discharge, dispersal, release or escape of silt or sedimentation. Pollution condition does not include any such material, matter, irritant or contaminant that is or was, contains or contained, includes or included, or involves or involved, in whole or in part, any: 1) mold; 2) bacteria, including legionella pneumophila; or 3) virus, except for any bacteria or virus that is exclusively contained within medical, infectious or pathological wastes that have been previously characterized and prepared for disposal pursuant to governing regulations. All other terms and conditions remain the same. Authorized Representative ENV-3155 (04-20) (299447.2) /H_oRAN,\ce Risk ManagetnentDMsian REVIEWED & APPROVED BY. - Risk Management Specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MULTIPLE RETROACTIVE DATE LIMITS ENDORSEMENT — PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY COVERAGE PART The Limits of Insurance and retroactive date are amended as follows: The Limits of Insurance shall not exceed $1,000,000 Each Claim Limit and $2,000,000 General Aggregate Limit for claim(s) that result from the rendering or failure to render professional services only if the alleged act, error, or omission takes place after 08/04/2010 and before 08/04/2014 ; and The Limits of Insurance shall not exceed n/a Each Claim Limit and n/a General Aggregate Limit for claim(s) that result from the rendering or failure to render professional services only if the alleged act, error, or omission takes place after n/a and before n/a ; and The Limits of Insurance shall not exceed $2,000,000 Each Claim Limit and $2,000,000 General Aggregate Limit for claim(s) that result from the rendering or failure to render professional services only if the alleged act, error, or omission takes place after 08/04/2014 and before the end of the policy. All other terms and conditions remain the same. ENV-3185 (06-05) Risk Managanent Diviaian 3I / REVIEWED & APPROVED BY: t� t�cev-r '72E� Risk Management Specialist Westchester A Chubb Company MOLD COVERAGE ENDORSEMENT — CLAIMS MADE Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 o8/04/2024to o8/04/2025 o8/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART THIS IS A CLAIMS -MADE ENDORSEMENT WHICH COVERS ONLY CLAIMS FIRST MADE AGAINST THE INSURED AND REPORTED TO THE INSURER, IN WRITING, DURING THE POLICY PERIOD. PLEASE READ THIS ENDORSEMENT CAREFULLY. SOME OF THE PROVISIONS CONTAINED IN THIS ENDORSEMENT RESTRICT COVERAGE, SPECIFY WHAT IS AND IS NOT COVERED AND DESIGNATE RIGHTS AND DUTIES. LEGAL DEFENSE EXPENSES ARE SUBJECT TO AND WILL ERODE THE LIMITS OF INSURANCE AND ANY APPLICABLE DEDUCTIBLES. Limits of Insurance: $ 1,000,000 $ 1,000,000 Deductible: $ 10,000 Retroactive Date: o8/04/2014 SCHEDULE Each Mold Condition Mold Aggregate Limit (serves to reduce the General Aggregate Limit shown on the Declarations page) Each Mold Condition Coverage then applies only for the Limits of Insurance specifically listed in the SCHEDULE set forth above. I. For the purpose of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE PART, COVERAGES, A. Insuring Agreement is deleted in its entirety and replaced by the following: COVERAGES - MOLD LIABILITY Insuring Agreement i. We will pay those sums in excess of the deductible shown in the SCHEDULE contained in this endorsement that the Insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We shall have the right and duty to defend the Insured against any claim or suit seeking those damages. However, we shall have no duty to defend the Insured against any claim or suit seeking damages for bodily injury or pro this insurance does not apply. Risk ManaganadDMsian REVIEWED & APPROVED BY: _� 1f� AdAIZV 44P ENV-3211(04-20) ` Risk Manage-me_nt Specialist (299447.3) Westchester A Chubb Company We may, at our discretion, investigate any loss and settle any claim(s) or suit(s) that may result. But the amount we will pay for damages is limited as described in the SCHEDULE set forth above; and our right and duty to defend ends when the applicable limit of insurance has been exhausted in the payment of judgments, settlements or supplementary payments under this and/or any other attached Coverage Parts and all Supplementary Payments which reduce the Limit of Insurance. 2. This insurance applies to a loss only if: a. The loss arises out of your work and results in a mold condition that takes place in the coverage territory; and b. Your work did not occur before the Retroactive Date, if any, shown in the SCHEDULE set forth above or after the end of the policy period; and c. The claim(s) or suit(s) is first made against any Insured and reported to the Insurer, in writing during the policy period or any Extended Reporting Period we provide under the EXTENDED REPORTING PERIOD Section of this endorsement. 3. A claim or suit by a person or organization seeking damages will be deemed to have been made at the earlier of the following times: a. When notice of such claim or suit is received and recorded by any Insured or by us, whichever comes first; or b. When we make a settlement in accordance with Paragraph i. above. All claim(s) or suit(s) for damages because of a loss to the same person, including damages claimed by any person or organization for care, loss of services, or death resulting at any time from the loss, will be deemed to have been made at the time the first of those claim(s) or suit(s) is made against any Insured. II. For the purpose of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE PART, LIMITS OF INSURANCE is amended to include the following: The Each Mold Condition Limit shown in the SCHEDULE set forth above is the most we will pay for the sum of all damages because of a loss arising out of any one mold condition under this policy. The most we will pay with respect to any mold condition that continues during the policy periods of more than one Mold Liability Coverage Part is the Each Mold Condition Limit shown in the SCHEDULE set forth above applicable to the first policy period during which the mold condition commenced. The Contractors Pollution Liability Limit shown in the Declarations is amended to include damages and Supplementary Payments under the Mold Liability Coverage Part. The Mold Aggregate Limit shown in the SCHEDULE set forth above is the most we will pay for the sum of damages under all Coverage Parts and Supplementary Payments afforded by this policy. The General Aggregate Limit shown in the Declarations is amended to include damages and Supplementary Payments under the Mold Liability Coverage Part. The deductible amount stated in the SCHEDULE set forth above is applicable to each mold condition and applies once to each mold condition and applies to defense expenses, investigation, settlement, compromise, or indemnification. III. For the purpose of this endorsement, CONTRACTORS POLLUTION LIABILITY COVERAGE PART, DEFINITIONS is amended to include the following additional DEFINITION: Mold condition means the discharge, dispersal, release, escape, migration, or seepage of mold or bacteria, including legionella pneumophila, provided that any such: 1. Mold or bacteria are not naturally occurring in the environment in the amounts and concentrations discovered; and 2. Discharge, dispersal, release, escape, migration or seepage of bacteria: communication or transmission through human -to -human, human to ani �,°=°: ca Risk MmaganadDMsian REVIEWED & APPROVED BY: A Acev440 ENV-3211 (04-20) Risk Management Specialist (299447.3) Westchester A Chubb Company contact, or contact with any of their respective bodily fluids or discharges; b) is required to be reported to any Federal, state, commonwealth, municipal or other local government agency or body with regulatory jurisdiction over the job site; and c) becomes pathogenic as a direct result of your work. IV. For the purpose of this endorsement, the following Extended Reporting Period Provisions are added: EXTENDED REPORTING PERIOD In the event that the coverage provided by this endorsement is deleted or the policy is cancelled or non - renewed by the insured or the Company, for any reason, except for non-payment of premium or deductible amounts, the following shall apply: A. Automatic Extended Reporting Period 1. We shall provide the insured at no additional premium an Automatic Extended Reporting Period of sixty (6o) days for any claim(s) or suit(s) first made against the insured during this automatic extended reporting period provided: a. The claim(s) or suit(s) arises out of a loss to which this insurance applies; and b. The loss commenced on or after the Retroactive Date shown in the SCHEDULE set forth above and before the expiration of the policy or cancellation date of this endorsement; and c. The claim(s) or suit(s) are reported in writing to us within sixty (6o) days immediately following the expiration of the policy or cancellation date of this endorsement in accordance with GENERAL CONDITIONS, B. Duties in the Event of a Claim or Suit, Item 2. 2. The Automatic Extended Reporting Period shall become effective on the expiration of the policy or cancellation date of this endorsement. 3. The Automatic Extended Reporting Period shall not reinstate or increase the Limits of Insurance, nor shall it extend the policy period or change the scope of the coverage provided. 4. The Automatic Extended Reporting Period shall not be provided if the insured has purchased other insurance to replace the coverage provided under this endorsement. B. Optional Extended Reporting Period 1. The Named Insured, upon payment of a maximum additional premium of 200% of the annual policy premium, shall be entitled to purchase an Optional Extended Reporting Period of thirty-four (34) months for any claim(s) or suit(s) first made against the insured during this optional extended reporting period or the automatic extended reporting period provided: a. The claim(s) or suit(s) arises out of a loss to which this insurance applies; and b. The loss commenced on or after the Retroactive Date shown in the SCHEDULE set forth above and before the expiration of the policy or cancellation date of this endorsement; and c. The claim(s) or suit(s) are reported in writing to us within the thirty-six (36) months immediately following the expiration of the policy or cancellation date of this endorsement in accordance with GENERAL CONDITIONS, B. Duties in the Event of a Claim or Suit, item 2. 2. A written request for the Optional Extended Reporting Period must be received by us within thirty (3o) days immediately following the expiration of the policy or cancellation date of this endorsement. a. Upon payment of the additional premium, the Optional Extended Reporting Period may not be cancelled and no return premiums will be provided. b. The Optional Extended Reporting Period shall become effective on the expiration date of the Automatic Extended Reporting Period. ENV-3211 (04-20) (299447.3) t .oRAN E Risk ManagementDlMsian REVIEWED & APPROVED BY. - Risk Management Specialist Westchester A Chubb Company c. The Optional Extended Reporting Period shall not reinstate or increase the Limits of Insurance, nor shall it extend the policy period or change the scope of the coverage provided. All other terms and conditions remain the same. Authorized Representative ENV-3211 (04-20) (299447.3) µorzAN Risk Management Division REVIEWED & APPROVED BY. - Risk Management Specialist AMENDMENT OF MOLD COVERAGE - PROFESSIONAL LIABILITY Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: PROFESSIONAL LIABILITY COVERAGE PART Limits of Insurance: $ 1,000,000 $ 1,000,000 Retention: $ 10,000 Retroactive Date: 08/04/2014 SCHEDULE Each Claim Mold Aggregate Limit (serves to reduce the General Aggregate Limit shown on the Declarations page) Deductible - Each Claim A. For the purpose of this endorsement, PROFESSIONAL LIABILITY COVERAGE PART, COVERAGES, A. Insuring Agreement, 2. a. is deleted in its entirety and replaced by the following: This insurance applies to claim(s) that result from the rendering or failure to render professional services only if: a. The alleged act, error, or omission takes place after the Retroactive Date, if any, shown in the SCHEDULE above and before the end of the policy period; and B. For the purpose of this endorsement, PROFESSIONAL LIABILITY COVERAGE PART, LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: LIMITS OF INSURANCE For the purpose of the insurance provided by the endorsement, the following apply: The Mold Aggregate Limit shown in the SCHEDULE set forth above is the most we will pay for the sum of damages under all Coverage Parts and Supplementary Payments afforded by this endorsement. The General Aggregate Limit shown in the Declarations is amended to include damages and Supplementary Payments under this endorsement. The Limits of Insurance apply to the policy period shown in the Declarations or as amended by endorsement. The Each Claim Limit of Insurance designated in the SCHEDULE above is the most we will pay for the sum of damages including Supplementary Payments with respect to a request or a demand received by you or us for money or services, including the institution of suit, seeking damages that result from a mold condition arising from an act, error, or omission in the rendering or failure to render professional ser%' „.oRaN Risk MmagernadDivisian E REVIEWED & APPROVED BY. A'' AIZV44 ENV-3214 (05-12) Risk Management Specialist We will pay covered claim(s) or losses in excess of the applicable retention amount as follows: The retention amount stated in the SCHEDULE above is applicable to each claim that results from a mold condition. The retention amount applies once to each claim and can be applied either for defense expenses, investigation, settlement, compromise, or indemnification. We, at our sole election and option, may either: Pay any part of the retention amount to effect settlement or expense of any claim, and upon notification of the action taken, you shall promptly reimburse us for such part of the retention amount that has been paid by us; or Simultaneously upon receipt of notice of any claim or at any time thereafter, call upon you to pay or deposit with us all or any part of the retention amount, to be held and applied by us at our sole discretion. If a claim has not entered into litigation, and we and the Named Insured mutually agree to mediation as a means to settle a claim made against the insured, and if such claim is settled as a direct result of and during the mediation, the deductible stated in the Declarations or applicable endorsement(s) shall be waived up to a maximum of $25,000. When this occurs, we will reimburse the Named Insured as soon as practical for any qualifying deductible amount which was already paid by the Named Insured prior to the mediation. All other terms and conditions remain the same. ENV-3214 (05-12) Risk ManaganadDl isian r. REVIEWED & APPROVED BY.- Risk Management Specialist Westchester A Chubb Company COVERAGE PART CHANGES ENDORSEMENT Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART — OCCURRENCE (ENV-1203 (03-10)) I. The last sentence of COVERAGES - CONTRACTORS POLLUTION LIABILITY, Subsection A., Insuring Agreement, of this Coverage Part is hereby deleted in its entirety. II. COVERAGES - CONTRACTORS POLLUTION LIABILITY, Subsection B., Exclusions, Paragraphs i1., Non - Owned Disposal Sites, and 14., Products Liability, of this Coverage Part are hereby deleted in their entirety and replaced with the following: ii. Non -Owned Disposal Sites Bodily injury or property damage arising out of pollution conditions on, at, under or migrating from a non -owned disposal site. This exclusion shall not apply to your work performed at a non -owned disposal site. 14. Products Liability Bodily injury or property damage arising out of your product. However, this exclusion does not apply to bodily injury or property damage: a. Arising out of the installation or repair of your product performed as part of your work; or b. Resulting from a pollution condition that commences during the transportation of your product by a carrier. III. LIMITS OF INSURANCE, of this Coverage Part is hereby deleted in its entirety and replaced with the following: For the purposes of this endorsement, it is agreed that the following conditions are added to the COMMERCIAL GENERAL LIABILITY POLICY, SECTION III. LIMITS OF INSURANCE: Subject to the General Aggregate Limit discussed below, the Each Pollution Condition Limit shown in the Declarations is the most we will pay for: 1) the sum of all damages because of a loss; 2) emergency response expense and 3) Supplementary Payments, arising out of the same, continuous, repeated, or related pollution condition under this policy. The most we will pay with respect to any pollution condition that continues during successive policy periods of more than one occurrence -based Contractors Pollution Liability coverage issued by the Insurer or an affiliate is the Each Pollution Condition Limit shown in the Declarations applicable to the first policy period during which the pollution condition commenced. Indivisible, progressive bodily injury or property damage over multiple policy same, continuous, repeated or related pollution condition shall be deemed to hay policy period of the date of the first exposure to the pollution condition. If the ENV-3240 (10-21) (334261.2) s enused by the „oRa Risk ManagrrnentDivisian REVIEWED & APPROVED BY.- 3; A ^^,w 4�P �f� of t` Risk Management Specialist has issued occurrence -based Contractors Pollution Liability coverage to the insured over successive policy periods, and, if the date of such first exposure cannot be conclusively determined, but the indivisible, progressive bodily injury or property damage continues to exist during the Insurer's successive periods of coverage, the bodily injury or property damage shall be deemed to have occurred only on the effective date of the first, relevant contractors pollution coverage issued by the Insurer. The General Aggregate Limit shown in the Declarations will be the most we will pay pursuant under all Coverage Parts of this policy, including payments for damages, emergency response expense and Supplementary Payments afforded by the Contractor's Pollution Liability Coverage Part. The Limits of Insurance apply to the policy period shown in the Declarations or as amended by endorsement. The deductible amount stated on the Declarations is applicable to each pollution condition or emergency response expense. The deductible amount applies once to each pollution condition or emergency response expense and applies to defense expenses, investigation, settlement, compromise, or indemnification. We, at our sole election and option, may either: i. Pay any part of the deductible amount to effect settlement or expense of any claim, and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount that has been paid by us; or 2. Simultaneously upon receipt of notice of any claim or at any time thereafter, call upon you to pay or deposit with us all or any part of the deductible amount, to be held and applied by us at our sole discretion. If a claim has not entered into litigation, and we and the Named Insured mutually agree to mediation as a means to settle a claim made against the insured, and if such claim is settled as a direct result of and during the mediation, the deductible stated in the Declarations or applicable endorsement(s) shall be waived up to a maximum of $25,000. When this occurs, we will reimburse the Named Insured as soon as practical for any qualifying deductible amount which was already paid by the Named Insured prior to the mediation. All other terms and conditions remain the same. ENV-3240 (10-21) (334261.2) /H_oRAN,\ce Risk ManagementUlMsian REVIEWED & APPROVED BY.- Afz AIZV44 Risk Management Specialist westchester A Chubb Company NON -ACCUMULATION OF LIMITS ENDORSEMENT — COMMERCIAL GENERAL LIABILITY Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 o8/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The policy is amended as follows: The following is added to SECTION III — LIMITS OF INSURANCE If this Coverage Form, Coverage Part or policy is one of several Coverage Forms, Coverage Parts or policies issued by us or any company affiliated with us to you, then for any "occurrence" that could be covered under two or more Coverage Forms, Coverage Parts or policies, the maximum applicable limit of insurance will not be the total of all limits for those Coverage Forms, Coverage Parts or policies, but rather will be the limit of insurance under the Coverage Form, Coverage Part or policy with the highest applicable limit of insurance, or, if the applicable limits are the same, the limit of insurance of one Coverage Form, Coverage Part or policy. This condition does not apply to any Coverage Form, Coverage Part or policy issued specifically to apply as excess insurance over this Coverage Form, Coverage Part or policy. This condition applies whether or not the policies: 1. Provide coverage to one or more insureds; 2. Provide multiple lines of coverage; 3. Provide coverage identical to that provided by this coverage; 4. Have limits adequate to cover all claims; or 5. Remain in effect. All other terms and conditions of this policy remain unchanged. Authorized Representative /H_oRAN,\ce Risk ManaganadDl isian REVIEWED & APPROVED BY.- Afl Aceva4 ENV-3241 (oi/18) RfskManagementSpedalfst Includes copyrighted material of Insurance Services Office, Inc with its permission Westchester A Chubb Company EXCLUSION — OTHER PROJECT -SPECIFIC INSURANCE ENDORSEMENT Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 o8/04/2024to o8/04/2025 o8/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM (CG oo of o413) CONTRACTOR'S POLLUTION LIABILITY COVERAGE ENDORSEMENT (ENV-1203 (03-10)) Notwithstanding anything within the Coverage Parts identified above that might be construed to the contrary, this insurance does not apply to "bodily injury", "property damage" or "personal or advertising injury" arising out of either your ongoing operations or operations included within the products -completed operations hazard that are the subject of coverage afforded under a consolidated (wrap-up) insurance program that has been provided by a prime contractor, project manager, or owner of a construction project in which you are involved. This exclusion applies whether or not a consolidated (wrap-up) insurance program: i. Provides coverage identical to that provided pursuant to the Coverage Parts identified above; 2. Has limits adequate to cover any associated claims, "claims" or "suits"; or 3. Remains in effect. All other terms and conditions of this policy remain unchanged. Risk MmagatttDMsian REVIEWED & APPROVED BY: ENV-3242 (01/17) Includes copyrighted material of Insurance Services Office, Inc. with its p Risk Management Specialist Westchester A Chubb Company ADDITIONAL INSURED ENDORSEMENT — ONGOING WORK OR OPERATIONS Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person(s) or Organization(s): 1) As required by written contract, prior to a loss to which this insurance applies. 2) The City of Pomona including its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a. All work or operations, including materials, parts or equipment furnished in connection with such work or operations, on the project (other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed; or /H.oRAN,\ce Risk MmaganadDl isian REVIEWED & APPROVED BY: ENV-3250 (12/18) Includes copyrighted material of Insurance Services Office, Inc. with its permissi A AIZV44 (221012.1) Xqw�=-- Risk Management Specialist Westchester A Chubb Company b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for the additional insured as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: i. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. /H.oRAN,\ce Risk Mmaganad DMsian REVIEWED & APPROVED BY: ENV-3250 (12/18) Includes copyrighted material of Insurance Services Office, Inc. with its permissi A f I Acev44 (221012.1) Xqw�=-- Risk Management Specialist Westchester A Chubb Company ADDITIONAL INSURED ENDORSEMENT — ONGOING WORK OR OPERATIONS Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person(s) or Organization(s): Name of Person(s) or Organization(s): The City of Rialto including its appointed officers, directors, etc. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused, in whole or in part, by: i. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds. However: i. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a. All work or operations, including materials, parts or equipment furnished in connection with such work or operations, on the project (other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed; or b. That portion of your work out of which the injury or damage arises ha use by any person or organization other than another contractor or : Risk M magtmadDl iaian performing operations for the additional insured as a part of the same pr 3 raEvlEvuED & APPROVED B,r: ENV-3250 (12/18) Includes copyrighted material of Insurance Services Office, Inc. with its permissi Acev44 (221012.1) �� Risk Management Specialist Westchester A Chubb Company C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: i. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. /H.oRAN,\ce Risk Mmaganadl)l isian REVIEWED & APPROVED BY: ENV-3250 (12/18) Includes copyrighted material of Insurance Services Office, Inc. with its permissi AAIZV44 (221012.1) Xqw�=-- Risk Management Specialist Westchester A Chubb Company ADDITIONAL INSURED ENDORSEMENT — PRODUCTS -COMPLETED OPERATIONS HAZARD Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: 1) As required by written contract, prior to a loss to which this insurance applies. 2) The City of Pomona including its elected or appointed officials, directors, officers, agents, employees, volunteers, or contractors (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work performed for that additional insured and included in the products -completed operations hazard, and only to the extent that such injury or damage is caused, in whole or in part, by your negligence or the negligence of those acting on your behalf. However: i. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: i. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the'`��'� Risk Mmaganad DMsian REVIEWED & APPROVED BY: Includes copyrighted material of Insurance Services Office, Inc. with its ermissior �I AIZV 4 ENV-3251 (12/1$) PY�S P �� , � (221012.2) Xqw�=_. Risk Management Specialist Westchester A Chubb Company All other terms and conditions of this policy remain unchanged. /H.oRAN,\ce Risk Mmaganad DMsian REVIEWED & APPROVED BY: ENV-3251 (12/18) Includes copyrighted material of Insurance Services Office, Inc. with its permission ' A f I AIZV 4 (221012.2) Xqw�=-- Risk Management Specialist Westchester A Chubb Company ADDITIONAL INSURED ENDORSEMENT — PRODUCTS -COMPLETED OPERATIONS HAZARD Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Name of Person(s) or Organization(s): The City of Rialto including its appointed officers, directors, etc. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work performed for that additional insured and included in the products -completed operations hazard, and only to the extent that such injury or damage is caused, in whole or in part, by your negligence or the negligence of those acting on your behalf. However: i. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: i. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations_ RiskMwagementDMsion All other terms and conditions of this policy remain unchanged. 3 i aE�AEwED & APPROVED BY.- ENV-3251(12/18) Includes copyrighted material of Insurance Services Office, Inc. with its permissiox '� A AIZV 4 (221012.2) Xqw�=_. Risk Management Specialist Westchester A Chubb Company PRIMARY AND NONCONTRIBUTORY — OTHER INSURANCE CONDITION Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 o8/04/2024 to o8/04/2025 o8/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that: a. The additional insured is a named insured under such other insurance; and b. You have agreed in a written contract or agreement that this insurance would: (1) act as primary insurance; and (2) would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. Risk MmagatttDMsian REVIEWED & APPROVED BY: ENV-3252 (12-18) Includes copyrighted material of Insurance Services Office, Inc. with its permissi A f I Acev44 (266562.1) Xqw�=-- Risk Management Specialist Westchester A Chubb Company COMMUNICABLE, CONTAGIOUS OR PRION DISEASES EXCLUSIONARY ENDORSEMENT — PROFESSIONAL LIABILITY Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 o8/04/2024to o8/04/2025 o8/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY COVERAGE PART The EXCLUSIONS section of this Coverage Part is hereby amended by addition of the following: This insurance also does not apply to any loss, cost, expense or damages, or any other amounts or payments of any kind or category, arising out of or related to: Communicable, Contagious or Prion Diseases Any communicable, contagious or prion diseases, including, but not limited to, any diseases communicated or transmitted by human to human, human to animal or animal to animal contact, or contact with any of their respective bodily fluids or discharges. All other terms and conditions remain the same. Authorized Representative ENV-3257 (04-20) (299447.8) /H.oRAN,\ce Risk ManaganentDlMsian REVIEWED & APPROVED BY. - Risk Management Specialist ASBESTOS AMENDATORY ENDORSEMENT Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: This insurance does not apply to bodily injury or property damage at any time arising out of the manufacture of, mining of, sale or distribution of, or installation of asbestos products, asbestos fibers or asbestos dust, or to any obligation of the insured to indemnify any party because of damages arising out of such bodily injury or property damage at any time as a result of the manufacture of, mining of, sale or distribution of, or installation of asbestos products, asbestos fibers or asbestos dust. Furthermore, the Company shall not be obligated to defend any claim or suit against any insured alleging bodily injury or property damage resulting from or contributed to, by any and all manufacture of, mining of, sale or distribution of, or installation of asbestos products, asbestos fibers or asbestos dust. For the purpose of this endorsement, bodily injury shall include disability, disease, occupational disease, sickness, and shock. All other terms and conditions of this Policy remain unchanged. Risk Management Divisian 3I / REVIEWED & APPROVED BY. - Risk Management Specialist ENV-5100 (06/11) ©Chubb. 2016. All rights reserved. Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR HAZARD LIABILITY EXCLUSION This insurance does not apply to: A. Bodily injury or property damage: With respect to which the Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, or Nuclear Insurance Association of Canada, or would be an Insured under any such policy but for its termination upon exhaustion of its limits of insurance; 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. B. Resulting from the hazardous properties of nuclear material, if: The nuclear material (a) Is at any nuclear facility owned by, or operated by or on behalf of the Insured; or (b) Has been discharged or dispersed therefrom; 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 the Insured; or The bodily injury or property damage arises out of the furnishing by the Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, located within the United States of America, its territories or possessions or Canada. C. As used in this exclusion: Hazardous properties include radioactive, toxic, or explosive properties. Nuclear material means source material, special nuclear material, or byproduct material. ENV-5102 (10-04) Includes copyrighted material of Insurance Services Office, Inc. with its permi Risk MwagmientDi lion REVIEWED & APPROVED BY: 3; AA of �� TILeU� ® Risk Management Specialist 3. Source material, special nuclear material, and byproduct material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 4. Spent fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor. 5. Waste means any waste material: (a) Containing byproduct 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; (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; 6. Nuclear facility means: (a) Any nuclear reactor; (b) Any equipment or device designed or used for: Separating the isotopes of uranium or plutonium; Processing or utilizing spent fuel; or iii. Handling, processing or packaging waste; (c) Any equipment or device used for the processing, fabricating or alloying 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; (d) Any structure, basin, excavation, premises, or place prepared or used for the storage or disposal of waste; (e) The site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. 7. 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. 8. Property damage includes all forms of radioactive contamination of property. n.oRary e Risk ManaganadDlMsian REVIEWED & APPROVED BY: ENV-5102 (10-04) Includes copyrighted material of Insurance Services Office, Inc. with its perr Risk Management Specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARNED PREMIUM ENDORSEMENT — 25% MINIMUM EARNED The Minimum Earned Premium due for this policy shall be calculated in accordance with the following: 1. In the event of cancellation of this policy by the first Named Insured the minimum earned premium due if this policy remains in effect for ninety (90) days or less shall be twenty-five percent (25%) of the amount entered as advance premium on the Declarations of this policy; and 2. In the event of cancellation of this policy by the first Named Insured after this policy has been in effect for more than ninety (90) days, the return premium due, if any, shall be computed at a rate equal to ninety percent (90%) of the pro-rata unearned policy premium, subject, however, to final premium adjustment in accordance with our rules, rates and the Premium Audit provisions of this policy; and 3. In the event of cancellation of this policy by the Company for reasons other than non-payment of premium, the earned premium for this policy shall be computed on a pro-rata basis, subject, however, to final premium adjustment in accordance with our rules, rates and Premium Audit provisions of this policy; and 4. The following supersedes any provision to the contrary contained in the policy to which this endorsement is attached: The premium entered in the Declarations of this policy as advance premium is a provisional premium only and is subject to adjustment in accordance with our rules, rates and the Premium Audit provisions of this policy. Premium adjustments effected as a result of premium audits will be done after the policy is no longer in effect but may be done by the Company while the policy is in effect. Premium audit adjustment calculations will be made to determine additional premiums only. The first Named Insured agrees that there will be no downward adjustment of the advance premium resulting from the Premium Audit provisions of this policy. You agree that we may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three (3) years afterward. All other terms and conditions remain the same. ENV-5519 (09-04) to oaa„�e Risk Managanent Divisian REVIEWED & APPROVED BY: t� t�cev-r '72E� Risk Management Specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION MANAGEMENT PROFESSIONAL EXCLUSION - GENERAL LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to SECTION 1- COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: Construction Management The coverage afforded by this policy does not apply to bodily injury, property damage or personal and advertising injury arising out of: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawing, opinions, reports, surveys, field orders, change orders or drawing and specifications by any architect, engineer or surveyor performing services on a project on which you serve as construction manager; or (2) Inspection, supervision, quality control, architectural or engineering activities down by or for you on a project on which you serve as construction manager. This exclusion does not apply to bodily injury or property damage arising out of construction work or demolition work done by you, your employees, or your subcontractors. All other terms and conditions remain the same. ENV-6100 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its permi n.°-^ a Risk MwagmientDivisian REVIEWED & APPROVED BY.- ® Risk Management Specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENGINEERS, ARCHITECTS AND SURVEYORS PROFESSIONAL EXCLUSION — GENERAL LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to SECTION 1- COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: Engineers, Architects or Surveyors The coverage afforded by this policy does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of, or failure to render, any professional services by you or your engineer, architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include: (1) The preparing, approving, or failure to prepare or approve maps, shop drawing, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. All other terms and conditions remain the same. ENV-6101 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its pel n.oRary e Risk MwagementDivisian REVIEWED & APPROVED BY. - Risk Management Specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSPECTION, APPRAISAL AND SURVEY EXCLUSION — GENERAL LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to SECTION 1- COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: Inspection, Appraisal and Survey The coverage afforded by this policy does not apply to bodily injury, property damage or personal and advertising injury for which the Insured may be held liable because of the rendering or failure to render professional services in the performance of any claim, investigation, adjustment, engineering, inspection, appraisal, survey, or audit services. All other terms and conditions remain the same. ENV-6102 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its permi N.°°a a Risk MwagernentDiviaian 3I / REVIEWED & APPROVED BY.- ® Risk Management Specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TESTING OR CONSULTING PROFESSIONAL LIABILITY EXCLUSION — GENERAL LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I - COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: Testing or Consulting The coverage afforded by this policy does not apply to bodily injury, property damage or personal and advertising injury arising out of: (1) An error, omission, defect or deficiency in: (a) Any test performed; or (b) Any evaluation, consultation or advice given by or on behalf of any Insured; (2) The reporting of or reliance upon any such test, evaluation, consultation or advice; or (3) An error, omission, defect or deficiency in experimental data or the insured's interpretation of such data. All other terms and conditions remain the same. o N Risk Managanad Divisian a' REVIEWED & APPROVED BY. - Risk Management Specialist ENV-6103 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its permit Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION — GENERAL LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusions, f. under Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability, is deleted in its entirety and replaced by the following: This insurance does not apply to: Pollution (1) Bodily injury or property damage which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. All other terms and conditions remain the same. ENV-6104 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its permissic o N Risk Managmient Diviaian a' REVIEWED & APPROVED BY: Risk Management Specialist Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This insurance does not apply to bodily injury or personal injury arising out of: (1) Any refusal to employ; or (2) Any termination of employment; or (3) Any coercion, demotion, performance harassment, humiliation, discrimination omission; or evaluation, reassignment, discipline, defamation, or other employment related practice, policy, act or (4) Consequential bodily injury or personal injury as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to repay someone else who must pay damages because of the bodily injury. All other terms and conditions remain the same. Risk Managanad Divisian i REVIEWED/& APPROVED BY.- ® Risk Management Specialist ENV-6105 (08-04) Includes copyrighted material of Insurance Services Office, Inc. with its perr Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEFINED WORDS AND PHRASES ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The fourth paragraph in the preamble of form CG 00 01, COMMERCIAL GENERAL LIABILITY COVERAGE FORM, is deleted and replaced as follows: Other words and phrases appearing in quotation marks or in bold print have special meaning. Refer to Section V — Definitions. Words and phrases appearing in bold print in endorsements attached hereto are subject to the definitions in Section V unless specifically defined within the endorsement. All other terms and conditions remain the same. ENV- 6106 (01-05) Risk Managanad Divisian i REVIEWED/& APPROVED BY: �I f' AIZV44 Risk Management Specialist age o Westchester A Chubb Company NEW YORK LABOR LAW EXCLUSION AND EMPLOYER'S LIABILITY AMENDATORY ENDORSEMENT Named Insured Ecotierra Consulting Inc Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 o8/04/2024 to o8/04/2025 o8/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART I. With respect to projects or premises located in New York, exclusion e. under Paragraph 2., Exclusions of Section I — Coverage A Bodily Injury And Property Damage Liability is deleted in its entirety and replaced with the following: e. Employer's Liability Bodily Injury to: (i) An employee of any insured arising out of and in the course of employment by any insured; (2) An employee, temporary worker, or volunteer worker of any insured arising out of and in the course of performing duties related to the conduct of the insured's business; (3) An independent contractor or subcontractor arising out of and in the course of performing duties related to the conduct of the insured's business; or (4) The spouse, child, parent, brother or sister or other family member of that employee, temporary worker or independent contractor as a consequence of Paragraphs (1), (2) or (3) above. This exclusion applies: (1) Whether any insured may be liable as an employer or in any other capacity; or (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. II. With respect to projects or premises located in New York, Paragraph 2., Exclusions of Section I — Coverage A Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — coverage B — Personal And Advertising Injury Liability is amended to include the following: New York Labor Law Damages arising out of any actual or alleged violation by any person or organization of New York Labor Law, including, but not limited to, NY Lab L §§200, 240, 241, 241-a, 241-b, or 242, and any rules and regulations promulgated thereunder and any amendments of or additions to such law. All other terms and conditions remain unchanged HORA Risk Mmaganadl)l isian •N.I`�° REVIEWED & APPROVED BY: r o� �� '` A Acevado ENV-7109 (01/19) Risk Management Specialist (271593) Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AND NON -OWNED AUTO LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Limits of Insurance: $1,000,000 Each Occurrence $1,000,000 Aggregate Limit (included in the General Aggregate) With respect to the insurance provided by this endorsement, the following is added to Section I - COVERAGES: A. HIRED AUTO LIABILITY The insurance provided under this Coverage Part applies to bodily injury or property damage arising out of the maintenance or use of a hired auto by you or your employee in the course of your business. B. NON -OWNED AUTO LIABILITY The insurance provided under this Coverage Part applies to bodily injury or property damage arising out of the use of a non -owned auto in your business. With respect to the insurance provided by this endorsement: A. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM, SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2, Exclusions, Items c., e., g., h., L, j., k., m., n. and o. are deleted in their entirety. B. The following additional exclusions are added: 1. Employee Indemnification and Employer's Liability Bodily Injury: 1. To an employee of the insured arising out of and in the course of employment by the insured; or 2. To the spouse, child, parent, brother or sister of that employee as a consequence of 1. above. This exclusion applies: 1. Whether the insured may be liable as an employer or in any other capacity; and 2. To any obligation to share damages with or repay someone else who must pay damages because of injury. This exclusion does not apply to: Ride Managartent Division % REVIEWED & APPROVED BY. 1. Liability assumed by the insured under an insured contract; or Risk Management Specialist ENV-7110 (02-05) Page 1 of 3 2. Bodily injury arising out of and in the course of domestic employment by the insured unless benefits for such injury are in whole or in part either payable or required to be provided under any workers compensation law. 2. Care, Custody or Control Property Damage: 1. To property owned or transported by, or rented or loaned to the insured; or 2. Property in the care, custody or control of the insured. 3. Fellow Employee Bodily injury to any fellow employee of the insured arising out of and in the course of the fellow employee's employment or while performing duties related to the conduct of your business. With respect to the insurance provided by this endorsement the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, SECTION II - WHO IS AN INSURED is deleted in its entirety and replaced by the following: 1. Each of the following is an insured under this insurance to the extent set forth below: a. You; b. Anyone else while using with your permission a non -owned auto or hired auto except: 1. The owner or anyone else from whom you hire or borrow a non -owned auto or hired auto. 2. Your employee if the non -owned auto is owned by that employee or a member of his or her household. 3. A partner (if you are a partnership), or a member (if you are a limited liability company) for a non -owned auto owned by him or her or a member of his or her household. 4. Any person while employed in or otherwise engaged in duties in connection with an auto business,other than an auto business you own or operate. c. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under a., b. or c. above. With respect to the insurance provided by this endorsement, SECTION III - LIMITS OF INSURANCE, Items 1. and 2. are deleted in their entirety and replaced by the following: 1. Regardless of the number of hired autos or non -owned autos, premiums paid, claims made or vehicles involved in the occurrence, the most we will pay for the total of all damages resulting from any one occurrence is the Each Occurrence Limit shown in the schedule of this endorsement. 2. The Aggregate Limit shown in the schedule of this endorsement is the most we will pay for the sum of all damages under this Coverage Part. The Aggregate Limit shown in the schedule of this endorsement is included within the General Aggregate Limit shown in the policy declarations. The General Aggregate Limit is the most we will pay for the sum of all damages under all Coverage Parts provided within this policy except damages because of bodily injury or property damage included in the products -completed operations hazard. n.oRaN RiskManaganadDhisian E REVIEWED & APPROVED BY: Risk Management Specialist ENV-7110 (02-05) Page 2 of 3 With respect to the insurance provided by this endorsement, the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS are not changed with respect to HIRED AUTO LIABILITY or NON -OWNED AUTO LIABILITY Insurance. With respect to the insurance provided by this endorsement, the COMMERCIAL GENERAL LIABILITY COVERAGE FORM, SECTION V. DEFINITIONS is amended as follows: A. Item 9. Insured contract is amended to include the following: f. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your employees, of any auto. However, such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. An insured contract does not include that part of any contract or agreement: That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; or 2. That pertains to the loan, lease or rental of an auto to you or any of your employees, if the auto is loaned, leased or rented with a driver; or 3. That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. B. The following additional DEFINITIONS are added: 1. Auto business means the business or occupation of selling, repairing, servicing, storing or parking autos. 2. Domestic employment means the employment of persons engaged in household or domestic work performed principally in connection with residential premises. 3. Hired auto means any auto you lease, hire or borrow. This does not include: a. any auto you lease, hire or borrow from any of your employees or members of their households, or from any of your partners or executive officers; b. any substitute, replacement or extra auto needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor; or c. any auto you lease, hire, rent or borrow for a period of time longer than six (6) months. 4. Non -owned auto means any auto you do not own, lease, hire or borrow which is used in connection with your business. This includes autos owned by your employees, partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business. All other terms and conditions remain the same. o "�s Risk ManagementDlMsian REVIEWED & APPROVED BY. Risk Management Specialist ENV-7110 (02-05) Page 3 of 3 DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT ENDORSEMENT — ALL PROJECTS CONTRACTUAL LIMITATION Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Designated Project General Aggregate Limit: $ $2,000,000 Maximum Designated Projects General Aggregate Limit: $$5,000,000 A. For those sums which the insured becomes legally obligated to pay as damages caused by bodily injury or property damage under SECTION I, COVERAGE A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY: A separate Designated Project General Aggregate Limit applies to each project away from premises owned by or rented to you provided the separate Designated Project General Aggregate Limit is required in a contract signed by you and executed prior to commencement of the project, and that limit, shown in the Schedule above, is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. Regardless of the number of designated projects covered under this policy, the Maximum Designated Project(s) General Aggregate Limit shown in the Schedule above is the most we will pay for all bodily injury or property damage or medical expenses arising from all projects away from premises owned by or rented to you. 3. The Designated Project General Aggregate Limit is the most we will pay for the sum of: Damages under SECTION I, COVERAGE A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for each designated project, except damages because of bodily injury or property damage included in the products -completed operations hazard; regardless of the number of: (i). Insureds; (ii). Claims made or suits brought; or (iii) Persons or organizations making claims or bringing suits; and b. Medical expenses under SECTION I, COVERAGE C, MEDICAL PAYMENTS applicable to the same designated project. The Each Occurrence limit shown in the Declarations for MEDICAL PAYMENTS shall continue to apply. „.oRaN Risk MmagernadDivisian E REVIEWED & APPROVED BY. ENV-7124 (03-14) Includes copyrighted material of Insurance Services Office, Inc., with its pern- —�� Risk Management specialist 4. Subject to 3 above, any payments made as respects a designated project shall reduce the Designated Project General Aggregate Limit for that designated project and the Maximum Designated Projects General Aggregate Limit. Such payments shall not reduce: The General Aggregate Limit shown in the Declarations, nor Any other Designated Project General Aggregate Limit for any other project away from premises owned by or rented to you, subject to 2.above. B. For those sums which the insured becomes legally obligated to pay as damages caused by bodily injury or property damage which cannot be attributed only to ongoing operations at any single designated project away from premises owned by or rented to you: Any payments made under SECTION I, COVERAGE A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY, or SECTION I, COVERAGE C. MEDICAL PAYMENTS shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Project General Aggregate Limit or the Maximum Designated Projects General Aggregate Limit. C. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit or any Designated Project General Aggregate Limit or the Maximum Designated Projects General Aggregate Limit. D. If the applicable designated project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same project for the purpose of establishing the Designated Project Aggregate Limit for that project. The provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply All other terms and conditions remain unchanged. Risk Management Dhisian 'Irk REVIEWED& APPROVED � OVEDBfY.- ^ ENV-7124 (03-14) Includes copyrighted material of Insurance Services Office, Inc., with its perrr i Risk Management specialist EXCLUSION OF CERTIFIED ACTS OF TERRORISM Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. The following exclusion is added to all coverage parts: 2. Certified act of terrorism means an act This insurance does not apply to: that is certified by the Secretary of the Treasury, in consultation with the Secretary TERRORISM of Homeland Security and the Attorney Any injury or damage arising, directly or indirectly, General of the United States, to be an act of out of a certified act of terrorism. terrorism pursuant to the federal Terrorism B. The following definitions are added: Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a 1. For the purposes of this endorsement, "any injury certified act of terrorism include the or damage means any injury or damage covered following: under this Policy or any Coverage Part to which a. The act resulted in insured losses in this endorsement is applicable, and includes but is excess of $5 million in the aggregate, not limited to bodily injury, property damage, attributable to all types insurance personal and advertising injury, corrective subject to the Terrorism Risk Insurance action costs or cleanup costs as may be defined Act; and in any applicable Coverage Part. b. 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 as 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. Risk MmaganadDivisian REVIEWED & APPROVED BY.- 'S1iliJllf_L�'� TILeU� ® Risk Management Specialist ENV-9950 (01/15) Includes copyrighted material of Insurance Services Office, Inc., with its permissic Westchester A Chubb Company DESIGNATED COUNTRY LIMITATION ENDORSEMENT Named Insured Endorsement Number Ecotierra Consulting Inc Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 o8/04/2024to o8/04/2025 o8/04/2024 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS CONSTITUTING ANY PART OF THIS POLICY I. The coverage territory of this Policy is amended to exclude any country listed in the Schedule, below, including its territories and possessions_(hereinafter Designated Country or Region). II. The following exclusion is added to this Policy: This insurance also does not apply to liability, damage, loss, cost, expense, occurrence, suit, claim, discovery, pollution condition, act, error or omission, or other coverage triggering event: a. Occurring or situated in a Designated Country or Region; or b. Directly or indirectly arising out of the premises, products, and/or operations (completed or ongoing) of any organization that is domiciled in such Designated Country or Region or any organization that is majority owned or controlled by one or a combination of persons or organizations domiciled in such Designated Country or Region; or c. Directly or indirectly arising out of the actions or inactions of any local, regional, or federal governmental entity of such Designated Country or Region, regardless of whether such Designated Country or Region, organization, or governmental entity is designated on any sanctions list to which this Policy is subject. III. The addition of this Endorsement shall not imply that any other provisions of this Policy, including, but not limited to, any provision addressing compliance with applicable sanctions, do not also exclude or limit coverage for the subject of this Endorsement. IV. To the extent any term or phrase used above is defined in this Policy, such definition shall apply to this Endorsement. SCHEDULE Russia, Belarus, and Ukraine, including their territories and possessions and any state or political subdivision thereof All other terms and conditions remain the same. ENVM-484 MS-342938.1(03-22) Authorized Representat' - ,.oRA,,\ce Risk Mwaganad DMsian REVIEWED & APPROVED BY: A Aceva4 Risk Management Specialist SERVICE OF SUIT ENDORSEMENT Named Insured Ecotierra Consulting Inc Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement ECP G24305296 013 08/04/2024 to 08/04/2025 08/04/2024 Issued By (Name of Insurance Company) Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Information about service of suits upon the company is given below. Service of process of suits against the company may be made upon the following person, or another person the company may designate: Natalie D'Amora, Esq., Managing Counsel Chubb 436 Walnut Street Philadelphia, PA 19106-3703 The person named above is authorized and directed to accept service of process on the company's behalf in any action, suit or proceeding instituted against the company. If the insured requests, the company will give the insured a written promise that a general appearance will be entered on the company's behalf if a suit is brought. If the insured requests, the company will submit to the jurisdiction of any court of competent jurisdiction. The company will accept the final decision of that court or any Appellate Court in the event of an appeal. However, nothing in this endorsement constitutes a waiver of the company's right to: remove an action to a United States District Court, seek a transfer of a case to another court, or to enforce policy provisions governing choice of law or venue selection, as may be permitted by the laws of the United States, or of any state in the United States. The law of some jurisdictions of the United States of America requires that the Superintendent, Commissioner or Director of Insurance (or their successor in office) be designated as the company's agent for service of process. In these jurisdictions, the company designates the Director of Insurance as the company's true and lawful attorney upon whom service of process on the company's behalf may be made. The company also authorizes the Director of Insurance to mail process received on the company's behalf to the company person named above. If the insured is a resident of Canada, the insured may also serve suit upon the company by serving the government official designated by the law of the insured's province. NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. n.oRaN Risk ManaganadDiAsian e REVIEWED & APPROVED BY. Authorized RE A&ev44 Risk Management Specialist SL-34255b (04/23) C H U B B° Westchester Surplus Lines Insurance Company Insurance Company Ecotierra Consulting Inc Policyholder G24305296 013 Policy Number AMWINS INSURANCE BROKERAGE LLC Broker/Producer POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You were notified that under the Terrorism Risk Insurance Act, as amended, you have a right to purchase insurance coverage for losses resulting from acts of terrorism. As defined in Section 102(1) of the Act: The term "act of terrorism" means any act or acts that are certified by the Secretary of the Treasury ---in consultation with the Secretary of Homeland Security, and the Attorney General of the United States ---to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission; and to have been committed by an individual or individuals as 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. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY YOUR POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 8o% OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM THAT WOULD BE CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $ioo BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED $too BILLION, YOUR COVERAGE MAY BE REDUCED. You elected NOT to purchase terrorism coverage under the Act at the price indicated. ACCORDINGLY, WE WILL NOT PROVIDE THIS COVERAGE AND YOU DO NOT OWE THE ADDITIONAL PREMIU 4 Unn 9ruAm nn«n AOU INDICATED BELOW. Risk MwaganentDlMsian % REVIEWED & APPROVED BY: errorism coverage described by the Act under your policy was made °! A A,w44 additional premium in the amount of $43o , however you elected to decline s, Risk Management Specialist TRIA24a (08/20) Page 1 of 1 CHUBB° Chubb Producer Compensation Practices & Policies Chubb believes that policyholders should have access to information about Chubb's practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at http://www.chubbproducercompensation.com or by calling the following toll -free telephone number: 1-866-512-2862. ALL-20887 (10/06) Risk Managanent DlMsian 3I / REVIEWED & APPROVED BY. - Risk Management Specialist IL P 001 01 04 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and listed numerous: • Foreign agents; • Front organizations; • Terrorists; • Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's web site — http//www.treas.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 © ISO Properties, Inc., 2004 „. Risk ManaganadDlMsian REVIEWED & APPROVED BY. - Risk Management Specialist CHUBB° Claims Directory Umbrella/Excess Casualty/Environmental Claims or Loss Notices related to this policy should be reported to the following: Claim Office Email, Fax and Phone Location Chubb North First Notices Email: P.O. Box 5122 American ACEClaimsFirstNotice(cD_chubb.com Scranton, PA Claims 18505-0554 First Notices Fax: (877)-395-0131 (Toll Free) (302)-476-7254 (Local) Phone: (800)-433-0385 - Business Hours (800)-523-9254 — After Hours MA-608255e (04/15) ©Chubb. 2016. All rights reserved Risk MayaganadDasiat 3I / REVIEWED & APPROVED BY. - Risk Management Specialist Ejhjubmmz!tjhofe!cz! Uv!Usbo! Uv!Usbo!Ohvzfo! Ebuf;!3136/1:/1:! Ohvzfo 21;57;54!.18(11( CzUvUsboOhvzfobu21;57bn-Tfq1:-3136 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/19/2025 THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATE HOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGE AFFORDEDBYTHEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)mustbeendorsed.IfSUBROGATIONISWAIVED, subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoes not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC/PAC PHONEFAX (877) 266-6850(585) 389-7894 76250885 (A/C, No): (A/C, No, Ext): 225 KENNETH DRIVE STE 110 E-MAIL ADDRESS: ROCHESTERNY14623 INSURER(S) AFFORDING COVERAGENAIC# 29424 INSURER A : Hartford Casualty Insurance Company INSURED INSURER B : ECOTIERRA CONSULTING INC INSURER C : 633 W 5TH ST INSURER D : LOS ANGELESCA90071-2005 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIOD INDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHIS CERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP POLICY NUMBER TYPE OF INSURANCELIMITS LTRINSRWVD(MM/DD/YYYY)(MM/DD/Y YYY) COMMERCIAL GENERAL LIABILITYEACH OCCURRENCE DAMAGE TO RENTED CLAIMS-MADEOCCUR PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC POLICY PRODUCTS - COMP/OP AGG JECT OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNEDSCHEDULED BODILY INJURY (Per accident) AUTOSAUTOS HIREDNON-OWNEDPROPERTY DAMAGE AUTOSAUTOS(Per accident) OCCUR EACH OCCURRENCE UMBRELLA LIAB CLAIMS- EXCESS LIAB AGGREGATE MADE DED RETENTION$ WORKERS COMPENSATIONPEROTH- X AND EMPLOYERS' LIABILITYSTATUTEER ANY Y/N $1,000,000 E.L. EACH ACCIDENT PROPRIETOR/PARTNER/EXECUTIVE N/ A X76 WEG BG0HL808/02/202508/02/2026 A $1,000,000 E.L. DISEASE -EA EMPLOYEE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - POLICY LIMIT If yes, describe under$1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES(ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Waiver of Subrogation applies in favor of the Certificate Holder per Waiver of our Right to Recover from Others Endorsement WC040306 attached to this policy. CERTIFICATE HOLDERCANCELLATION SHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLED City of Santa Ana BEFORETHEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVERED Risk Management Division IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLZ AUTHORIZED REPRESENTATIVE SANTA ANA CA 92701 CzUvUsboOhvzfobu21;57bn-Tfq1:-3136 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF OURRIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number:76WEGBG0HL8Endorsement Number: Effective Date:08/02/25Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:Ecotierra Consulting Inc 633 W 5TH ST FL 26 LOS ANGELESCA90071 Wehavetherighttorecoverourpaymentsfromanyoneliableforaninjurycoveredbythispolicy.Wewillnotenforceour rightagainstthepersonororganizationnamedintheSchedule.(Thisagreementappliesonlytotheextentthatyou perform work under a written contract that requires you to obtain this agreement from us.) Youmustmaintainpayrollrecordsaccuratelysegregatingtheremunerationofyouremployeeswhileengagedinthework described in the Schedule. Theadditionalpremiumforthisendorsementshallbe2%oftheCaliforniaworkers'compensationpremiumotherwisedue on such remuneration. SCHEDULE Person or OrganizationJob 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:06/23/25Policy Expiration Date:08/02/26