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HomeMy WebLinkAboutPYRAMID GROUP INTERNATIONAL, INC. (5)INSURANCE ON FILE W RKMAYPROCEED N-2024-289 UNTIL I;YURANU EXPIRES 3 2zf Zo zs CITY CEEk 2 6 2024 DATE: Vvl A(z) AGREEMENT FOR WIRELESS COMMUNICATION (spy rjq �;o) v� TOWER MANAGEMENT SERVICES THIS AGREEMENT is made and entered into this I st day of July, 2024 by and between Pyramid Group International, Inc. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of management of wireless communications towers. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement the services that are described in the Scope of Services, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $49,999. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. MENEW":iui This Agreement shall commence on the date first written above and terminate on June 30, 2025, unless terminated earlier in accordance with Section 17, below. The term of this Page I of 9 Agreement may be extended for one 1-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 9 7. 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 for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with a limit no less than $1,000,000 combined single limits. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $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 1. Additional Insured Status: The City, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Consultant's CGL, Professional Liability, and Automobile Liability policies, 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 connectionwith such work or operations. 2. 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 Page 3 of 9 this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 3. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary. 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. 4. Severability of Interest: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non- payment of premium. 6. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require 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. 7. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 8. Claims Made Policies: If any of the required policies provide coverage on a claims -made basis: (1) the Retroactive Date must be shown and must be before the date of the contract; (2) Insurance must be maintained and evidence of insurance must be provided for at least three years after completion of work; (3) If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, Consultant must purchase "extended reporting" coverage for a minimum of three years after completion of work. 9. 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, Page 4 of 9 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. 10. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. 11. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, 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 subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 5 of 9 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. 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. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) Page 6 of 9 P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: Pyramid Group International, Inc. 25771 Rapid Falls Road Laguna Hills, CA 92653 Attn: Najib Saadeh, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER Page 7 of 9 No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City Page 8 of 9 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. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By:L� Kyle lesen Assistant City Attorney RECOMMENDED FOR APPROVAL V1 43 w Nabil Saba, P.E. Executive Director Public Works Agency CITY F SANT A �.lvaro Nunez City Manage CONSULTANT Najib Saadeh President, Pyramid Group International Page 9 of 9 tvel"x - . Proposal for Contractual Support for Cell Communications Towers Submitted to: City of Santa Ana Prepared by: { Pyramid Group International, Inc. Date: 15 July 2022 1 TABLE OF CONTENTS Pyramid Group International, Inc. 2 INTRODUCTION LETTER July 15, 2022 Mr. Michael Ortiz, PE Senior Civil Engineer Parks, Recreation and Community Services Agency Santa Ana, CA 92702 Mr. Ortiz, Per your request, Pyramid Group International (Pyramid) has prepared the proposal herein to provide supportto the City of Santa Ana (City) in the development of lease agreements and support in the negotiation of agreement terms for cell communications towers at City parks. Through the proposed scope of work, Pyramid aims to provide support to the City's Parks, Recreation and Community Services Agency in the management of the existing cell communications towers and in the expansion in the number of cell communications towers while maximizing revenue to the City and minimizing aesthetic intrusion and public risk. The scope of the proposed work includes the development of a master license agreement and site license agreements, as well as support with negotiations of agreement terms. Pyramid is prepared and qualified to provide the above -described support and can begin work as soon as approval by City is granted. Pyramid appreciates the opportunity to submit this proposal. We look forward to working with you and yourteam on this project. If you have any questions, please feel free to contact me directly by phone (949.280.4903) or by email (nsaadeh@pvramidaroupinternational.com). Sincerely, Najib Saadeh President/Founder Pyramid Group Int'I 1 Pyramid Group International, Inc. 3 SCOPE OF SERVICES 3.1 TASK 1. MASTER LICENSE AGREEMENT Pyramid will develop a Master License Agreement that sets forth the basic terms and conditions upon which sites at City parks are leased to cell tower companies or wireless providers. The agreement terms in the Master License Agreement will not conflict with the requirements in the City of Santa Ana Municipal Code. 3.2 TASK 2. SITE LICENSE AGREEMENTS In addition to the development of a Master License Agreement, Pyramid will develop a Site License Agreement (SLA) for each site at City parks with a cell communications tower. The agreement terms in the SLAB will not conflict with the requirements in the City of Santa Ana Municipal Code. 3.3 TASK 3. SUPPORT WITH NEGOTIATIONS Pyramid will assist the City in the negotiations of existing agreements as well as new agreements. The Pyramid Team will negotiate on behalf of the City or alongside City staff. In the negotiations, Pyramid's approach will be based on the premise that, ultimately, it is not how much space is leased from the City, but instead, it is the value derived from such space. and, the terms of each SLA. Also, cell towers co -location will be addressed in the Agreements allowing for the use of one structure to mount or deploy mobile telecommunications antennae belonging to more than one wireless service provider within a single location. With cell towers co -location, the City can benefit from having multiple carriers located on one site/one tower. Thus, Pyramid will make sure to include subleasing or colocation language in the Agreements to capture the revenue share from co -location which the City is entitled to. Furthermore, Pyramid will strive for the protection of City's rights under its current cell tower lease agreements as they undergo revisions/renewals, and will negotiate more favorable lease agreements with the existing leasees. Like any basic negotiation, price is determined by supply and demand. In optimizing the value of each site, Pyramid will take into consideration the following: • Lease Rates: Lease rates trend higher in more populated areas, some urban areas command completely different lease rates, even though they are similar in demographics. Pyramid will research the lease rates for cities similar to Santa Ana. • Permits: Zoning and permitting requirements play a very important factor in the value of a site. The more liberal the permitting standard, the easier it is to find several sites that meet a cell phone carrier or tower company's criteria. Subsequently, a cell phone carrier/tower company will need to pay more for a lease in an area that has more stringent standards than it would in one that has more lax standards, regardless of the size of the population. Construction Limitations: An optimal site will have level terrain, with minimal or no ground or airwave obstructions (i.e. tree cover). The more obstacles, the more expensive it is for a tower company to construct on a site. A tower company/carrier will sometimes be willing to pay higher rent for a more suitable site, in order to avoid more 2 4Pyramid Group International, Inc. expensive construction costs on a similar site. Pyramid will also address modification to a site including but not limited to the installation of emergency generators and ancillary fuel storage, underground vaults, etc. Zoning/Permitting Restrictions: Prior to a cell phone carrier/tower company getting approval to build on a site, they must first get a conditional use permit or special use permit to construct their facility. Sec.41-198 of the City of Santa Ana Municipal Code contains development criteria for wireless communications facilities. The Code establishes parameters on where a tower may be constructed. Therefore, one property may be able to skate through the City's approval process, while other very similar properties in the same immediate area may not. Access to Power and Telephone Service: All tower locations need utility and telephone service. As a result, thefarther the distance to telephone service and power, the higher the price tag to the cell tower developer. Ground Elevation — Elevation is important, but not the most important factor by far, as cost will always outweigh elevation. Cell Tower Site Alternatives —All cell phone carriers build tower sites to fit inside their network. Cell towers are very similar to pieces of a puzzle that, at the end of the day, have to fit together. The cell towers are set up to "transfer traffic" from one cell tower to the other. The cell phone carriers have an exact "search ring" that they use when constructing a cell tower, so that it will be able to easily transfer phone traffic. These search ring areas can be as small as 0.25 mile to as large as 5 miles. Pyramid will determinewhat alternatives a cell phone carrier/tower company may have, as this will give the information needed to optimize the value of City property. Furthermore, with 5G, comes the need for more cell sites to handle the build -out of the technology. 5G will require a much denser network of cell sites. Existing cell tower and rooftop sites will see an increase in the equipment modification activity with the 5G upgrade Deliverables: A Master License Agreement and up to twenty-one (21) Site License Agreements ready for review by Parks, Recreation and Community Services Agency and the City Attorney. Negotiations with the leasees on behalf of the City or along City staff. Assumptions: There are currently twenty-one (21) sites at City parks with cellular Site License Agreements. It is anticipated that ten (10) new 5G cellular sites would be added to the current inventory of cell communications sites during the term of this agreement. Schedule: Pyramid will complete its development of the Master License Agreement within two (2) weeks of receiving project approval and will complete the twenty-one (21) SLAs within two (2) months while giving priority to those agreements expiring soon. Negotiations with leasees will start as soon as the SLA documents are finalized internally. ® Pyramid Group International, Inc. 4 COST ESTIMATE The cost estimate presented by Pyramid herein is based on the hourly rates in the 2022 Fee Schedule (Appendix A). Pyramid's services would be billed, monthly, in 0.25 hourly increments. The cost for the proposed scope of work is presented below per task. Table 1. Cost Estimate Task No. Task Description Cost Estimate 1 Master License Agreements $8,760 2 Site License Agreements $24,810 3 Support with Negotiations $16,020 Total $49,590 Invoice will be issued monthly. If additional services are required beyond those stated in the scope of work, Pyramid would first seek City's approval prior to performing any additional work and would bill on an hourly basis. Pyramid is an approved vendor by the City of Santa Ana. A current certificate of insurance is presented in Appendix B. Pyramid Group International, Inc. APPENDIX A - 2022 FEE SCHEDULE 4 Pyramid Group International, Inc. 2022 FEE SCHEDULE PERSONNEL CHARGES The charge for all time required for the performance of the Scope of Work by Pyramid Group International (PGI) staff, including office, field and travel time, will be billed at the hourly rate according to the labor classifications: Labor Classification Hourly Rate Jr. Staff Engineer/Scientist $120 StaffEngineer/Scientist $135 Sr Staff Engineer/Scientist $155 Project Engineer/Scientist - I $175 Project Engineer/Scientist - II $185 Sr Project Engineer/Scientist - I $195 Sr Project Engineer/Scientist - II $240 Principal $260 Project Assistant $110 Technician $110 Drafter $135 Sr Technician $135 Compliance Inspector $130 Technical Editor $120 Emergency response will be charged at a rate of 1.5 times the standard hourly rate. TRAVEL Vehicles used on project assignments will be charged at $75 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus 15%. Per Diem is billed at a unit cost of $60 per day. Airfare, lodging, rental cars and associated expenses are billed at cost plus 15%. FIELD EQUIPMENT Field Equipment is billed at standard unit costs. Rate schedules are available upon request. SUBCONTRACTORS AND REIMBURSABLES The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15%. OTHER PROJECT CHARGES The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. When PGI Staff appear as expert witnesses at court trials, mediation, arbitration bearings or SHIPPING CHARGES AND POSTAGE depositions, their time will be charged at 2.0 times the standard rate. Shipping charges include couriers and postage. All time spent preparing for such trials, hearings, and They are charged at cost plus 15%. depositions, will be charged at the standard hourly rate. The Fee Schedule is adjusted each year to reflect the economic changes for the newyear The newschedule will apply to existing and new assignments. CERTIFICATE OF LIABILITY INSURANCE DATE (MMMDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER I CONTACT „ram—. .„—mow DAWOOD INSURANCE AGACY PHONE __(0 18800Delaware St#304 Anaie- E-MAILos: 'Et Huntington Beach, CA 9 INSURER A : I INSURED INSURER B _ Pyramid Group International, Inc. INSURER r 25771 Rapid F*Road D REP , Laguna Hills, 2653� RE LA. COVERAGES / ICWTIFItITE NUMM: l l 1 l / f% Cl -'1 0 vltilbNl/1UMBEli•i 1 /1 A 1 THIS 15 TO CERTIFY THAT HE PO I IN NCE STED W - EE UE S O HE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDI".ION OF ANY CONTRA O P R D L`U ENT WITH SPECT NCH THIS YUA CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFr'-,JED 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. ILTR TYPE OF INSURANCE ADDL Ulm SUBR yean POLICY NUMBER POLICY EFF (MM/DOrYYYY1 POLICY EXP MMIDDM•YV LIMITS COMMERCIAL GENERAL LIABILITY X CLAIMS -MADE OCCUR EACH OCCURRENCE $ 2,000,000 PREMISES EaEoccurrence) $ 50,000 MED UP (Any one person) $ 5.000 PERSONAL& ADV INJURY $ 2M0.000 A X x FEI-ECC-28399-03 312212024 3/2212025 AGGREGATE LIMIT APPLIES PER: POLICYJEC �LOC GENERALAGGREGATE $ 4,000,000 GEN'L PRODUCTS - COMP/OP AGG $ 4000000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIr Ea accident $ ANYAIRO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY BODILY INJURY Per accident $ NON -OWNED LY AUTOS ONLY AUTOS ONLY PRO PERTYDAMAGE Per accident $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE $ ESSL EXCIAB CLAIMS -MADE CEORETENTION$ $ WORKERS COMPENSATION ANDEMPLOYERTLIABILITY YIN ANY PROPRIETOWPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatary In NH) IfrEs, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS balm A PROFESSIONAL LIABILITY TX x FEI-ECC-28399-03 312212024 3/2212025 Occurrence Aggregate 2,000,000 2,000,000 Claim Expense 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) This Certificate of Insurance names: City, its City Council, officers, employees, agents and volunteers are named as additional insureds. Primary/Non-Contributory Endorsement form must be provided in addition to the Certificate of Insurance for General Liability included and it will follow upon the issuance of the policy. ADDITIONAL INSURED CITY OF SANTA ANA 20 CIVIC CENTER PLAZA, SANTA ANA ,CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF- NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PRr AUTHORIZED REPRESENTATIVE A, jy t Aav44 Risk Nkmagement Specialist ACORD 25 (2016/03) ©1988-2015 ACORD The ACORD name and logo are registered marks of ACORD PYRAMID GROUP i 14TI It11A I IuN A I July 26, 2024 City of Santa Ana Risk Management Division20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance and Worker's Comp Requirements Dear City of Santa Ana Risk Management Division: Pyramid Group International, Inc. or PGI, has intent to enter into an agreement with the City of Santa Ana.Throughout the course of this agreement, Pyramid Group International, Inc. attests to the following: 1. Automobile Liability Pyramid Group International, Inc. employees will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. Pyramid Group International, Inc. employees will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. Pyramid Group International, Inc. consultants/independent contractors/ employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. 2. Worker's Compensation • Pyramid Group International Inc. is aware of the requir of California and the Statutory Limits, and Employer's 1 r,e..gt REdt ManngerriottD'nieian M Risk Management Spedalist 10 Freberg Environmental Policy Number Carrier Coverages FEI-ECC-28399-03 Admiral Insurance Company CGL CPL E&O Named Insured Policy Period Pyramid Group International Inc. Effective Date: 03/22/2024 25771 Rapid Falls Road Expiration Date: 03/22/2025 Laguna Hills, CA 92653 At 12:01 am Standard Time at your mailing address Program Administrator Date Issued Freberg Environmental, Inc. March 18, 2024 1800 Wazee Street, Suite 300 Denver, CO 80202 The enclosed policy(ies) sets out the coverages of insurance we have placed in accordance with your binding order. We recommend that you read the policy(ies) very carefully. Should you discover anything in the policy(ies) that is not consistent with your binding order, we ask that you advise, in writing, your requested changes. Upon review, if deemed appropriate, your requested changes will be handled by endorsement. It is your responsibility to confirm that the policy(ies) accurately reflects the coverage, conditions, limits and other terms that you require. If coverage is placed with a Surplus Lines insurer, it is issued pursuant to the surplus lines law and does not have the protection of state guaranty or insolvency funds nor has the policy wording been reviewed by the insurance department of the state. s. Risk MouganatD Icn r REmt &APVRovm8Y: Risk Management SpeoAin Freberg Environmental 1800 Wazee Street, Suite 300 • Denver, CO 80202 • 800-377-4152 In California dba: FEI Insurance Services / License # OG89298 I(B Freberg Environmental Policy Number: FEI-ECC-28399-03 Named Insured Renewal of: FEI-ECC-28399-02 Common Policy Declarations Policy Period Pyramid Group International Inc. Effective Date: 03/22/2024 25771 Rapid Falls Road Expiration Date: 03/22/2025 Laguna Hills, CA 92653 At 12:01 am Standard Time at your mailing address Program Administrator Date Issued Freberg Environmental, Inc. March 18, 2024 1800 Wazee Street, Suite 300 Denver, CO 80202 In return for the payment of premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following Coverage Parts as indicated: Total Coverage Part Premium $4,226 Commercial General Liability Covered Contractors Pollution Liability Covered Professional Liability Covered Terrorism Premium Not Covered Total Premium $4,226 Additional Charges Policy Fee $0.00 Loss Control Fee $0.00 State Fee $0.00 Preaum>. 541216.00 Broker Fee S250.D0 Policy Fee 50.00 Inspection Fee WOO SL Tax S126.78 Stamping Fee S7.61 Total 54.610.39 Forms Applicable To All Coverage Parts: See Schedule of Forms and Endorsements and attached State specific Surplus Lines Warning where applicable. These declarations together with the common policy conditions, coverage part declarations, coverage part coverage form(s) and endorsements, if any, issued to form a part thereof, complete the above numbered policy. By: Authorizer/ Representative See attached California Notice to Policyholder. (3005-IL [FORM 02]! RhklNnugematl)ivielart kvlewm&Ar ec&., Brown 8 Riding Insurance Services, Inc., 0592033 114 JU rw' wow gown Risk Management Specialist Freberg Environmental Or 1800 Wazee Street, Suite 300 • Denver, CO 80202 • 800-377-4152 In California dba: FEI Insurance Services / License # OG89298 ImFreberg Environmental Policy Number: FEI-ECC-28399-03 Renewal of: FEI-ECC-28399-02 Coverage Part Declarations Coverage Parts Attached (indicated with "X") Policy Type X Commercial General Liability Per Occurrence X Contractors Pollution Liability Per Occurrence X Professional Liability Claims Made Limits of Insurance Regardless of the number of Coverage Parts written under this policy or applicable to any one Occurrence, Claim, Wrongful Act or Pollution Condition, the Limits of Insurance shown below apply once for the entire policy, and not separately for each Coverage Part. Applicable to Commercial General Liability: $2,000,000 General Aggregate Limit (Other Than Products -Completed Operations) $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Damages Limit for Each Occurrence or Claim $50,000 Fire Damage Limit (Any one Fire) $5,000 Medical Expense Limit (Any One Person) Applicable to Contractors Pollution Liability: $1,000,000 Damages Limit for Each Occurrence, Claim or Pollution Condition $2,000,000 General Aggregate Limit $1,000,000 Claims Expense Limit for Each Claim $2,000,000 Claims Expense Aggregate Limit Applicable to Professional Liability: $2,000,000 Damages Limit for Each Occurrence, Wrongful Act or Claim $2,000,000 General Aggregate Limit $1,000,000 Claims Expense Limit for Each Claim $2,000,000 Claims Expense Aggregate Limit Deductible/SIR Coverage Amount Type Retroactive Date Commercial General Liability $2,500 Per Occurrence NOT APPLICABLE Contractors Pollution Liability $2,500 Per Pollution Condition NOT APPLICABLE Professional Liability $2,500 Per Wrongful Act 10/14/2021 RiAMvogbnadINWdan = V +■ I'. 1C; knEwva�sn fi MPRwBy. A� doia Risk Management Spedalist Freberg Environmental 1800 Wazee Street, Suite 300 • Denver, CO 80202 - 800-377-4152 In California dba: FEI Insurance Services / License # OG89298 Freberg Environmental Premium Schedule Estimated Annual Gross Revenue $269,000 Rate FLAT Policy Period Minimum Earned Premium 25% Form of Business: Corporation os, \ ewm = A,� Acwedo '4�10=— ftk Management Spedatist Freberg Environmental 1800 Wazee Street, Suite 300 • Denver, CO 80202 • 800-377-4152 In California dba: FEI Insurance Services / License # OG89298 I[D Freberg Environmental Policy Number: FEI-ECC-28399-03 Renewal of: FEI-ECC-28399.02 Schedule of Forms and Endorsements JA1001 08 20 CG 00 01 12 04 ECC-311-0712 ECC-1313-0118 CG 21 90 01 06 ECC-1315-0118 ECC-1316-0118 ECC-317-0712 ECC-1327-0118 ECC-319-0712 CG 22 43 01 96 CG 21 07 05 14 PN-0001 00107 PN-0002-1215 ECC-586-0520 ECC-588-0520 CG 20 10 04 13- Blanket ECC-1329-0621 ECC-1547-0118 ECC-353-0217 ECC-407-0712 ECC-5696-0712 CG 20 37 04 13- Blanket ECC-454-1016 ECC-1322-0821 ECC-52213-0712 ECC-570-0712 CIS 20100413 CG 20 37 04 13 State Notices Commercial General Liability Coverage Contractors Pollution Liability Form Occurrence Professional Liability Form Claims Made Exclusion Of Terrorism Common Policy Conditions Nuclear Energy Liability Exclusion Deductible Liability Insurance Endorsement Minimum Earned Premium Endorsement Automatic Additional Insured Owners Lessees or Contractors (This endorsement does not apply to the Professional Liability Coverage Part) Automatic Waiver of Subrogation (This endorsement does not apply to the Professional Liability Coverage Part) Exclusion - Engineers Architects or Surveyors Exclusion - Access or Disclosure of Data OFAC Trade or Economic Sanctions Endorsement Virus or Bacteria Exclusion - CGL Virus or Bacteria Exclusion - CPL Virus or Bacteria Exclusion - PL Blanket Additional Insured - Owners Lessees or Contractors Service of Suit - California Mold Deductible Endorsement Hired and Non -Owned Auto Liability $1 M Medical Monitoring Costs Endorsement Blanket Non -Owned Disposal Site Endorsement Blanket Addtl Insd Owners Lessees or Contractors Completed Operations Transportation Pollution Liability Endorsement Claims Notice Document Amendment of Limits Endorsement Blanket Waiver of Subrogation - E&O Additional Insured - Owners Lessees or Conti Risk Division Addtl Insd Owners Lessees or Contractors CcSAPPROV®s" A-ft "44 RBk Management SpedAut Freberg Environmental 1800 Wazee Street, Suite 300 • Denver, CO 80202 - 800-377-4152 In California dba: FEI Insurance Services / License # OG89298 Ila Freberg Environmental Operations CG 00 67 03 05 Exclusion - Violation of Statutes that Govern E-Mails, Fax, Phone Calls ECC-548-0317 Automatic Primary and Non -Contributory Endorsement Rhk Mwwi;enmtDWrn ReaewED & APPRcv® By., Af-j., ALeW44 AMID Risk Management Speaalist Freberg Environmental 1800 Wazee Street, Suite 300 • Denver, CO 80202 • 800-377-4152 In California dba: FEI Insurance Services / License At OG89298 Pyramid Group International Inc. Signature Page This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IN WITNESS WHEREOF, we have caused this Policy to be executed and attested, and, if required by state law, this Policy shall not be valid unless countersigned by a duly authorized representative of the Company. 14?ST �' WIJ* W. Robert Berkley, Jr. Philip S. Welt President Secretary REwe &A"P mgy 1Bi111.1�.L Iq*�:t �Cayelf.o _ Risk Management SpedAst R Signature Page Commercial General 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 "our" 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 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 11— 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 resumpi MouganadDhidan injury" or "property damage" during or after the policy period i h RwEvF SAPPROH®sY: have been known prior to the policy period. A+� Actv4lo Risk Management Specialist CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form 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 11— 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". 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 "properly 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 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" 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 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. c. Liquor Liability "Bodilyinjury" or"property damage" for which an insured may bi ' ' ' " ' ' ' J rY 9 Y� Y reason of: �> .• I&iaEvvEn 6 A"RovM Or (1) Causing or contributing to the intoxication of any person; y ; Risk Management SpedAst CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form (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 only if you are in the business of manufacturing, distributing, 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: (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 the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire'; (b) At or from any premises, site or location which is or was E 7 � f�MeXM & A"Rov®Br: or for any insured or others for the handling, storage, disc - A � 44 treatment of waste; `' Ruk Mmagement Speoa t CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (1) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "properly damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (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 abs. request, demand, order or statutory or regulatory requirer *+wvge� REVIEWm 6 AIIR MBr. or "suit" by or on behalf of a governmental authority.1. ; A„ Acew,le g. Aircraft, Auto or Watercraft ;MMI Risk Management Specialist CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form "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 in the state 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 exp RMM � ntL= �JJFMEWED&APPROv iir you, or any other person, organization or entity, for repair, rer 1 K Xju Acw4ln Risk Management Specialist CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of 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 7 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. r— (1) "Your product" (2) "Your work"; or (3) "Impaired property"; RIEMEWED 6 /Nvrsw® Sr. A+ j& , A,,v44 Rnk Management Specialist CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form 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. 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. 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 ,,y,Z^ �xekram "Personal and advertising injury" arising out of oral or written publ I Ak if done by or at the direction of the insured with knowledge of its f Risk Management Speaabst CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form c. Material Published Prior to Policy Period "Personal and advertising injury" arising out of oral or written publication 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". 1. 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. 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. 1. 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 9 --=<o �TM00s� REviE 6APPRavm Br. DWsion discharge, dispersal, seepage, migration, release or escape of "p ; A,.fr:e Acueifo time.' Risk Management Speda st CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form 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. 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: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) 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 I insured. c. Injury on Normally Occupied Premises CG00011204 © 2018, Freberg Environmental, Inc. �o awllr K A -f� Acw4(+anagement Specialist r ayc o v1 c , Commercial General Liability Coverage Form 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 costs taxed against the insured in the "suit". 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. 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 tt such that no conflict appears to exist between the interests of thel Ia interests of the indemnitee; REv efi & APPRav®er: Rkk Management Speaam t CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form 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, attomeys' 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: a. We have used up the applicable limit of insurance in the payment of judgments or settlements; or b. 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 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 stockholc' insureds, but only with respect to their liability as stockholders.°"°°" 9' % REMm&ArvRw®By. e. A trust, you are an insured. Your trustees are also insureds, but c 4 Aqu Acweh their duties as trustees. �' Rbk Management Specialist CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form 2. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co - "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or .'volunteer worker' as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health 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. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" a xmkrffagewro van offense committed before you acquired or formed the organizatio 5 RwEwmSAPa EDBr.MMM Aj�, &aid, Risk Management SpedaBst CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: 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. 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 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 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 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 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 obligations under this Coverage Part. a RF@kMa g&noi6 °" Nk RW EwEo s Arxw®sr. 2. Duties In The Event of Occurrence, Offense, Claim or Suit tom, fl VRBk Management Speaast CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form 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" oroffense. 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. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, conting' basis: �., Risk MwagenettUiWsW > ItrvEWM&Araaw®ar. (a) That is Fire, Extended Coverage, Builder's Risk, Installati q A. Aceuato coverage for"your work"; RBkMnagementSpeaAut CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is gres premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we computation, and send us copies at such times as we may reque RhkMOugemmtiY�ieinn AREVIEWED&APPROVED Or. A+ a Auvato ROW Ruk Management SpeaMlst CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; 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 Except with respect to the Limits of Insurance, 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 "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. Aland motor vehicle, trailer or semi -trailer 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 in the state when: it is licensed or principally garaged. 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. 4. "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 c of travel or transportation between any places included in a. abo% RNk Manogament DMsfon RE0e&®& APPRCN®9Y: c. All other parts of the world if the injury or damage arises out of: , A.,,frr Atwalo (1) Goods or products made or sold by you in the territory descril A-110—MM• R,k Management Specialist CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form (2) The activities of a person whose home is in the territory described in 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 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, by-laws 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: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contractor agreement. 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 "MwvganadDMd01 R aEWM6AWOVE)Sr. out of: M�Ww Risk Management Spea Mist CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form (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 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; f. Vehicles not described in a., b., c. or d. 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 "autos": (1) Equipment designed primarily for (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; o (c) Street cleaning; @EnehsD&narRov®8r. 4A Rkk Mrn gemeSpeciAist n CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Commercial General Liability Coverage Form (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 in the state 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; f. 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 (1) The transportation of property, unless the injury or damage al condition in or on a vehicle not owned or operated by you, an created by the "loading or unloading" of that vehicle by any in CG 00 01 12 04 © 2018, Freberg Environmental, Inc. Risk i VVga„adrnwma BenewEo 6 MrRw®Br: A� Aup� Risk Management SpeaaUst rage is ui 4 i Commercial General Liability Coverage Forth (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 caused it. 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 of of others but not sold. CG 00 01 12 04 © 2018, Freberg Environmental, Inc. RiatMkrtngemmtDit IM — v' REMEwED&Ar mBr -� ®. Risk Management Spea gist Commercial General Liability Coverage Form 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment fumished 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. CG 00 01 12 04 © 2018, Freberg Environmental, Inc. R41MwwgwwdDiwion REmEwED & APPROVED BY: Aju Aav44 `� Risk Management Spedekst Of rage / i ui c i Contractors Pollution Liability Policy Contractors Pollution Liability Policy The insurance company shown in the Declarations (hereinafter "the Company") in consideration of the payment of the premium and the undertaking of the named insured to pay the Deductible described hereunder, in reliance upon all representations and warranties contained in the application attached hereto and made a part of this Policy, including any addendum or addenda thereto, and subject to all provisions of this Policy subsequently set forth, agrees with the named insured as follows: INSURING AGREEMENTS A. COVERAGE AND DEFENSE The Company shall pay on behalf of the insured those damages for bodily injury or property damage in excess of the Deductible that the insured becomes legally obligated to pay: 1. If the damages result from a pollution condition at any site where any insured or any independent contractor working on behalf of any insured, is performing, or has performed, any contracting or remediation operations anywhere in the world; and 2. If the pollution condition is first incurred during the policy period of this Policy. 3. If on or prior to the effective date of this Policy, no insured had any knowledge of any circumstances which could reasonably be expected to give rise to a claim, and 4. If the pollution condition was unexpected and unintended from the standpoint of the insured. The Company will pay all claims expenses in excess of the Deductible for all claims covered under the terms of this Policy. The Company shall have both the right and duty to provide for the defense of the insured with respect to a claim made against the insured in the United States of America, its territories or possessions, or Canada, falling under the purview of all of the foregoing requirements. The Company shall also have the exclusive right to investigate such claim, to designate and appoint all legal counsel to defend the insured and to otherwise control the defense thereof. If a claim is made against any insured such as is described in the immediate foregoing, other than in the United States of America, its territories or possessions, or Canada, the Company shall have the right, but not the duty, to provide for the defense of such claim. If the Company elects not to provide for the defense of such claim, the named insured, under the supervision of the Company, shall have the duty to make or cause to be made such investigation and defense as are necessary and, subject to prior authorization by the Company, effectuate settlement. In such eventuality, the Company shall indemnify the named insured for claims expenses incurred and damages and supplementary payments paid in excess of the Deductible. I� The Company shall have the exclusive right hereunder to negotiate and 111 READ&APPRCVMBr. settlement of all claims, as it deems expedient, whether under or in exce: Xju Aealot0 ANIEW Risk Management Spea" © Freberg Environmental Inc, 2000 All rights reserved. Contractors Pollution Liability Policy but it shall not commit the named insured to any settlement without the named insured's consent. If, however, the named insured refuses to consent to a settlement recommended by the Company and elects to contest such claim or continue legal proceedings in connection therewith, the Company's liability shall be limited to the sum of the amount for which the claim could have been settled and all claims expense incurred up to the time of such refusal, which is in excess of the Deductible. The Company's duty to provide for the defense of any insured, to pay damages on behalf of any insured, or to make any payment pursuant to Section I.B., Supplementary Coverages and Payments, shall immediately terminate: 1. If the Limits of Insurance of this Policy become exhausted by payment of damages or claims expenses; or 2. If the named insured fails to fulfill its Deductible obligation as imposed by Section IV. Deductible; or 3. If the application attached hereto and made a part of this Policy, including any addendum or addenda thereto, contains any material misrepresentation of fact. B. SUPPLEMENTARY COVERAGES AND PAYMENTS With respect to such insurance as is afforded by this Policy, the Company shall pay, in addition to the applicable limit of liability, all of the following: 1. All premiums on bonds to release attachments and appeal bonds, limited to that portion of such bond that does not exceed the limit of liability of this Policy but without any obligation of any kind upon the Company to apply for, secure, or furnish any such bonds. 2. Pre -judgment interest and post judgment interest on the full amount of any judgment that accrues after entry of the judgment and before the Company has paid, offered to pay, or deposited in court the part of the judgment that is covered and within the applicable Per Claim or Aggregate Limit of Liability. However, the maximum amount of pre -judgment or post judgment interest the Company will pay under this Policy will be the portion of pre- judgment or post judgment interest accrued on damages covered by this Policy. 3. All reasonable expenses incurred by any insured at the Company's request in assisting the Company in the investigation and defense of any claim, other than loss of earnings, salaries or other compensation paid to the named insured's officers or employees, except as provided in Paragraph 5., below. 4. All costs assessed against any insured in any suit covered under this Policy. 5. Defendant's Reimbursement - The Company will pay an amount of $500 to each insured for each day or part of a day that any insured attends as a witness at any trial, deposition, or interrogatory at which the Company has requested the insured's attendance, or when such attendance is required by the court. This payment shall only apply to appearances involving claims against an insured. The maximum amount payable for all such appearances made during the policy period, shall not exceed $5,000 as a total aggregate, regardless of how many appearances are actua RkleMouganad DlAsim policyperiod, or how many different insureds make appearances, an, 9' " REneveD&ArrRov®Br. other fact, circumstance, or situation. Risk Management Spetialist © Freberg Environmental Inc, 2000 All rights reserved. Contractors Pollution Liability Policy 6. Coverage for fines or penalties - The Company will reimburse the named insured for the amount of any fine or penalty which is levied against any insured, and is paid by the insured during the policy period, by the Environmental Protection Agency, any state or local environmental regulatory agency, or any other governmental official or regulatory agency, or any court. The maximum total amount the Company will pay for reimbursement for all fines or penalties combined which are levied and paid during the policy period will be $50,000, regardless of the actual number of fines or penalties levied or paid, or the actual amount of any fine, and regardless of any other fact or circumstance. Reimbursement shall not be available whenever the applicable law provides that a particular fine or penalty is uninsurable as a matter of law. For Supplementary Coverages numbers 7., 8., 9., and 10., below, it is agreed that any and all payments made for any of these shall be included within, and shall not be in addition to, the applicable limit of liability. 7. Automatic coverage for newly formed or acquired entities - The coverage provided under this Policy shall apply on behalf of any entity which is newly formed or newly acquired by the named insured subsequent to the inception date of the policy period. Coverage shall be provided only to those newly formed or newly acquired entities for which, as of the date of formation or acquisition, the named insured directly owns fifty percent (50%) or more of the outstanding stock or other equity or ownership interest. It is agreed that there shall only be coverage for those claims that arise from pollution conditions which arise subsequent to the date of formation or acquisition. The named insured agrees to advise the Company of any newly formed or acquired entity within ninety (90) days of the date of formation or acquisition. The named insured agrees to accept any coverage terms or reasonable additional premium which the Company may require, relative to the newly formed or acquired entity. 8. Coverage for indemnification of clients- Whenever any written contract or written job specifications provide that the named insured shall indemnify the client for, or hold the client harmless or free from, any damages or claims expense which are due to a pollution condition which arises out of the named insured's operations, the Company will pay on behalf of the named insured those damages or claims expense that must be paid to indemnify the client. 9. Vicarious liability coverage - The coverage provided under this Policy shall apply on behalf of all insureds for pollution conditions arising out of operations performed by any entity or individual for whom any insured is legally liable, as long as the operations were performed on or after the effective date shown on the Policy Declarations Page or on an endorsement to the Policy, but prior to the end of the policy period. 10. Response costs coverage - In accordance with, and in support of, the duties of the named insured to mitigate damages, as described in Section VI., Conditions, Paragraph G., Mitigation, the Company will reimburse the named insured for all costs expended by the named insured in fulfilling the named insured's duties of mitigation, subject to the following limitations: xnkMougatmtixieian a. The only costs that will be reimbursed by the Company are those Rm" &A"Ra''®� expended by the named insured in efforts to abate, stop, prevent i� 1gemenA""�' Risk Management Spedadst © Freberg Environmental Inc, 2000 All rights reserved. Contractors Pollution Liability Policy damages emanating from a pollution condition caused directly or indirectly by any insured. b. The only costs that will be reimbursed by the Company are those costs that are expended by the named insured on or after the date that the named insured first becomes aware of the pollution condition until that date that the named insured first has a reasonable opportunity to report the incident, circumstances, or claim to the Company. c. Nothing in this provision shall in anyway alter, modify, or change the duty of the named insured to give notice of claims to the Company pursuant to Section VI., Conditions, Paragraph A., Notice of Claim." It. DEFINITIONS Words and phrases in italics in this Policy have the following special meaning. Bodily Injury The term Bodily injury means, sickness, disease, mental anguish or shock sustained by any person, including death resulting therefrom caused by a pollution condition arising out of the performance by any insured of operations covered by this policy. Claim The term claim means an oral or written notice to the named insured from any party intending to hold any insured responsible for damages arising out of a pollution condition. Claim Expenses The term claim expenses shall mean all costs, charges and expenses resulting from the adjustment, appraisal, investigation, defence, settlement, arbitration or appeal of any claim covered by the terms and conditions of this Policy if such costs, charges and expenses are incurred by the Company, an attorney designated by the Company, or by any insuredwith the written consent of the Company; except that it shall not include the costs of investigating or administering any claim by employees of the Company or loss of earnings incurred by any insured in investigating, defending, settling, arbitrating or appealing any claim at the Company's direction, except as provided in Section I.B., Supplementary Coverages and Payments, Paragraph 5., Defendant's Reimbursement. Damages The term damages shall mean a judgment, award or settlement monetarily compensating a claimant for a claim covered by the terms and conditions of this policy, and shall include damages based upon emotional distress. Damages also includes any loss due to diminution in value or loss of use of land, property, or buildings. Damages does not include any of the following: 1. Any administrative, civil or criminal fines, sanctions, taxes, or penalties, whether pursuant to law or statute, except to the extent coverage for reimbursement for fines or penalties is provided under Sertinn I.B.. Supplementary Coverages and Payments, Paragrapt fines or penalties; ,,. ." `°� f; 14�qwp xrrdat+n,.�,trnn;a�t r&V1EWm& APPRaM® av: A-, :, A —a- Risk Management Speoalist © Freberg Environmental Inc, 2000 All rights reserved. tl.F3"1 "1-U I I z Contractors Pollution Liability Policy 2. Restitution, reduction, disgorgement, set off, return, or payment of any form of any consulting fees or payments, or any other costs, expenses or charges; 3. Any loss of income or revenue to the named insured, regardless of the cause or reason for the loss of income or revenue, except as provided in Section I.B., Supplementary Coverages and Payments, Paragraph 5., Defendant's reimbursement; 4. Any form of non -monetary judgments or relief, including, but not limited to, specific performance or any injunctive relief of any kind; 5. Any amount of any civil judgment which is, or represents, any multiple of any kind of damage award, including, but not limited to, the two-thirds portion of any award of treble damages. Insured The term Insured means: 1. The named insured; and 2. A director or officer of the named insured, but only while acting in their respective capacity as such; and 3. An employee of the named insured, but only with respect to services performed or failed to have been performed on behalf of the named insured in the employee's capacity as such; and 4. A former director, officer or employee of the named insured, but only with respect to services performed or failed to have been performed on behalf of the named insured prior to the termination of that respective capacity; and 5. The current spouse of any current owner, director or officer of the named insured; and 6. The heirs, executors, administrators, and legal representatives of each insured in the event of death, incapacity or bankruptcy, but solely with respect to the liability of each insured as otherwise covered by this Policy; and 7. A limited liability company, if the named insured or any other insured exists as such, along with all past and present members of any such limited liability company, but only with respect to professional services performed or failed to have been performed on behalf of the named insured. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a named insured in the Declarations. Named Insured The term named insured shall mean the proprietor, partnE specified in the Declarations. Risk MangmwdDMsbn Rtn�o & APPRovm By., Xg�iAw44 Risk Management SpedAist © Freberg Environmental Inc, 2000 or IZUU_�311_U/12 AII rights reserved. Contractors Pollution Liability Policy Policy Period The term policy period means the period set forth in the Declarations, or any shorter period arising as a result of cancellation. Policy Year The term policy year means the separate annual year period whenever the policy period set forth in the Declarations is either for a two or three year time period. Pollution Condition The term pollution condition means the discharge, dispersal, release or escape of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water which results in bodily injury or property damage. A continuous, related, repeated, or similar series of discharges, dispersals, releases, or escapes of pollutants at or from a site shall constitute a single pollution condition. Related pollution conditions are those pollution conditions that arise out of , are based on, relate to or are in consequence of, the same facts, circumstances or situations. Property Damage The Term property damage means: 1. Physical injury to or destruction of tangible property including the resulting loss of use thereof; and 2. Costs expended by the named insured to evaluate, investigate, cleanup, remediate or monitor any environmentally contaminated site. 3. Loss of use of tangible property that has not been physically injured or destroyed; provided that such physical injury or destruction, clean up costs and/or loss of use are caused by a pollution condition arising out of the performance by the named insured of operations insured by this policy. Waste The term waste means any discarded materials of any kind, including those materials to be recycled, reconditioned, reclaimed, or disposed of. III. LIMITS OF INSURANCE A. MAXIMUM LIMITS OF LIABILITY The Company's maximum Limit of Liability hereunder shall not exceed the separate limits of liability for damages and claims expenses specified in the Declarations, irrespective of the following: 1. The number of claims made; or 2. The number of persons or organizations making claims; or 3. The number of persons covered hereunder; or 4. The number of pollution conditions which arise; or 5. The types of damages awarded. B. SEPARATE AND SPECIFIC LIMITS OF LIABILITY ry,...a...p� ReaeurD aow®Bv: 4�qw r5sk Managementspedalist © Freberg Environmental Inc, All rights reserved. © Freberg Environmental Inc, All rights reserved. As specified in the Declarations: Contractors Pollution Liability Policy 1. The "Damages Limit for Each Claim" amount shown in the Declarations is the maximum amount the Company will pay under all Coverage Parts combined that form a part of this Policy for damages that arise out of any one claim; 2. The "General Aggregate Limit for Damages (Other than Products -Completed Operations)" amount shown in the Declarations is the maximum amount the Company will pay under all Coverage Parts combined that form a part of this Policy, for all damages arising from covered claims (other than those included in the products -completed operations hazard); 3. The "Claims Expense Limit for Each Claim" amount shown in the Declarations is the maximum amount the Company will pay for all claims expenses that arise out of any one claim that is covered under either or both of the Contractors Pollution Liability and/or the Professional Liability Coverage Parts; 4. The "Claims Expense Aggregate Limit' amount shown in the Declarations is the maximum amount the Company will pay for all claims expenses that arise from covered claims that are covered under either or both of the Contractors Pollution Liability and/or the Professional Liability Coverage Parts. The Limits of Insurance 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. If this Policy and any other Policy providing coverage by the Company or any affiliate company apply to the same pollution condition or series of related pollution conditions, the aggregate maximum Limit of Liability payable under all of the policies combined shall be limited to the amount of the highest applicable Limit of Liability payable under any one of the policies. Related pollution conditions are those pollution conditions that arise out of, are based on, relate to or are in consequence of, the same facts, circumstances or situations. The Limits of Insurance shown in the Declarations shall apply in excess of the Deductible amount shown in the Declarations. IV. DEDUCTIBLE As respects each claim first made against the insured, the named insured shall be responsible for payment for that amount of damages or claims expenses indicated in the Declarations as the Deductible amount. The Company shall not be responsible to make any payments for either damages or claims expenses, or any coverage or payment provided pursuant to Section I.B., Supplementary Coverages and Payments, unless and until the full amount of the Deductible has been paid by the named insured. Should the Company, for any reason, pay the entire amount of damages, claims expenses or supplementary payments without regard to the Deductible amount, the insured will reimburse the Company, within 30 days of the Company's request for such reimbursement, for that part of the Deductible Amount which has been paid. iF V. EXCLUSIONS ai `„ REVIE &APPROVBJBY. Rkk Management Waalist © Freberg Environmental Inc, 2000 All rights reserved. Contractors Pollution Liability Policy The Company shall have no obligation whatsoever under this Policy to make any payment of any kind for either damages, claims expenses, or any coverage or payment provided pursuant to Section I.B., Supplementary Coverages and Payments, or to arrange for, provide, or pay, for any defense, for: A. Any claim by any pastor present insured against any insured; however, this exclusion does not apply to additional insureds under this policy; or B. Any claim made by or on behalf of any business enterprise not shown on the Declarations: 1. Which is, was, or will be owned in whole or in part by any pastor present insured; or 2. Which owned in whole or in part at anytime the named insured; or C. Any claim arising from any insured's intentional, willful or deliberate non-compliance with any statute, regulation, ordinance, administrative complaint or notice of violation, notice letter, executive order, or instruction of a governmental agency or body; or D. Any claim arising from an illegal, dishonest, fraudulent, criminal, or malicious act by any insured; or E. Any claim which arises from, or is related to, any collision or accident involving an automobile, truck, boat, watercraft, airplane, helicopter, or other aircraft or vehicle of any kind or type; or F. Any claim arising from any of the following relative to a contract any insured has entered into with a client: 1. Any assumption of the client's sole negligence or legal liability by; or 2. Any failure by any insured to perform or provide a good or service by a date stipulated in a contract with a client; or 3. Any liquidated or stipulated damages under a contract with a client of any insured, unless the same type of damages would attach without the existence of the contract; or G. Any obligation of any insured under workers compensation, disability benefits, unemployment compensation, employee benefits, pension sharing, ERISA law or any similar law; or H. Any claim for wrongful termination, discrimination or any unfair employment practices; or I. Any claim arising out of any waste or other kind of products or materials transported, shipped or delivered via any automobile, aircraft, watercraft, or rolling stock to any location located beyond the boundaries of a site at which any insured has performed any contracting or site remediation services. J. Any claim for any property damage to any real or personal property that was owned in whole or in part, or was rented, occupied or in the care, custody or control of any insured at any time. VI. CONDITIONS A. NOTICE OF CLAIM RykMm&gemadDisleion h RE1AEwEo6APPRcYvm Br: '4�xnw Risk ManagementSpec Mist © Freberg Environmental Inc, 2000 All rights reserved. tl.G-d I l -l/ t l C Contractors Pollution Liability Policy In the event of a claim, or any insured's knowledge of circumstances which could reasonably be expected to give rise to a claim, the named insured shall have the duty to provide written notice to the Company as soon as practicable. This written notice shall be given whether or not the named insured believes that the claim, or incident giving rise to the insured's knowledge, will result in a demand that falls under, or in excess of, the Deductible. Written notice shall be given to the insurance company shown in the Declarations, in care of: Claims Berkley Custom Insurance Managers 3 Stamford Plaza 301 Tresser Blvd., 6th Floor Stamford, CT 06901 E-mail: feiclaims@berkleycustom.com Fax: 855-999-0797 Toll Free Phone: 855-597-7616 Such written notice must contain complete details, including, but not limited to, the exact date the claim was made, location, circumstances giving rise to such claim, the name of all claimants and a full description of the nature and scope of the allegations. These duties of the insured hereunder shall be non -delegable. B. COOPERATION AND ASSISTANCE OF THE INSURED Each insured shall have the duty to fully cooperate with and assist the Company, with respect to the investigation, defense, settlement, arbitration or appeal of any claim. No insured shall be indemnified hereunder for loss of earnings incurred in such cooperation or assistance, except as provided in Section I.B., Supplementary Coverages and Payments, Paragraph 5., Defendant's Reimbursement, nor shall such loss of earnings apply towards the satisfaction of the Deductible. C. ACTIONS PREJUDICIAL TO THE COMPANY In the event of a claim, no insured shall undertake any of the following actions, without the Company's prior, written consent: 1. Engage counsel to provide legal representation; or 2. Assume any obligation, other than the reasonable efforts required to satisfy the duty to mitigate damages as provided in Section VI., Conditions, Paragraph G., Mitigation; or 3. Forgive, reduce in amount or otherwise compromise any compensation owed or allegedly owed the named insured; or 4. Admit, or in any manner acknowledge liability; or 5. Effectuate or attempt to effectuate settlement, including, but not limiter++^ o^+-.i^- in+r a consent decree involving the assignment of the insured's interest u ReneA'En 6 APPROVED Sr. A.-ju Ac welo Rhk Management Specialist © Freberg Environmental Inc, 2000 All rights reserved. Any of the foregoing actions by the insured shall Company's rights. D. SUBROGATION Contractors Pollution Liability Policy be deemed to materially prejudice the If the Company pays an amount hereunder as damages, claims expense, or as any payment under Section I.B., Supplementary Coverages and Payments, or any combination thereof, it shall be subrogated to all of each insured's rights of recovery against any person, firm or organization. All insureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. No insured shall waive or prejudice such rights either prior or subsequent to any claim. E. ACCEPTANCE By acceptance of this Policy, the named insured hereby confirms that all provisions hereof, including all endorsements and the application attached hereto and made a part of this Policy, embody all agreements existing between the named insured and the Company and supersede any prior agreements, whether expressed or implied. F. MITIGATION The named insured shall make all reasonable efforts to abate, stop, prevent, or reduce the damages emanating from any pollution condition resulting directly or indirectly from any operations performed by any insured. It is agreed that these efforts shall commence immediately upon discovery or notice of the pollution condition by any insured. These efforts must include mitigating, alleviating or otherwise limiting the damages which could result from the pollution condition. Such efforts must be undertaken even in the absence of a claim. G. NO ACTION AGAINST COMPANY No action shall lie against the Company unless, as a condition precedent thereto, each insured has fully complied with all the provisions of the Policy, or until the amount of the named insured's obligation to pay has been finally determined either by written agreement of the named insured, the claimant and the Company or by final judgment against the named insured after the actual trial of the issues and the period of time to appeal has elapsed without an appeal having been taken or, if an appeal has been taken, then until after such appeal has been determined. H. AUDIT The Company shall have the right to examine or audit all financial records of the named insured, for the purpose of ascertaining the accuracy of the income or revenue stated in the application. NONRENEWAL The Company may non -renew this policy by mailing or delivering to the named insured at the address stated on the Declarations Page written notice of nonrenewal at least thirty (30) days before the expiration date of this policy. The Company shall have the right to offer renewal policy terms, conditions, or premium amounts different than those ^ offo^* ^^^''^ RWEW &APPROv®BY: A41U Ac"44 ®' RM Management Specialist renewal, this does not constitute non -renewal. J. APPLICATION IS INCORPORATED INTO, AND IS PART OF POLICY © Freberg Environmental Inc, 2000 All rights reserved. Ll'U_6i I -UI IL The named insured acknowledges and agrees that: Contractors Pollution Liability Policy The warranties and representations contained in the Application for this Policy are true, correct and complete; and 2. The Company issued this Policy in specific reliance upon the representations contained in the Application; and 3. The Application is incorporated into, and is part of, this Policy. K. OTHER INSURANCE If any part of either damages or claims expenses is insured under this Policy and any other current, prior or subsequent Policy, this Policy shall provide coverage for such damages or claims expenses on a pro rate basis with such other Policy according to the applicable Limits of Liability of this Policy and such other Policy. L. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each insured against whom claim is made or suit is brought. © Freberg Environmental Inc, 2000 All rights reserved. Risk nWftMe toMsio,t A, ju Auto R6k Managementspea Aist mu. -JI I-U/1L Professional Liability Insurance Policy PROFESSIONAL LIABILITY INSURANCE POLICY THIS IS A CLAIMS -MADE AND REPORTED POLICY. Throughout this Policy the words "the Company" refer to the insurance company identified in the Declarations that is providing this insurance. Defined terms, other than headings, appear in italics. Refer to Section IV. DEFINITIONS. This Policy has certain provisions and requirements unique to it and may be different from other policies the Insured may have purchased. Various provisions in this Policy restrict coverage. Please read this entire form carefully to determine rights, duties and what is and is not covered. In consideration of payment of the premium and the undertaking of the Insured to pay the deductible as described herein, and in reliance upon all representations and warranties contained in the Application submitted to the Company and made a part of this Policy, including any addendum or addenda, and subject to all provisions of this Policy subsequently set forth herein, the Company agrees with the Insured as follows: INSURING AGREEMENTS Each of the following coverages is subject to the Section V. LIMITS OF INSURANCE AND DEDUCTIBLE as set forth in the Declarations. A. PROFESSIONAL LIABILITY The Company shall pay, on behalf of the Insured, those Damages and Claim Expenses that the Insured becomes legally obligated to pay, provided that: 1. The Claim results from a Wrongful Act committed by the Insured anywhere in the world; 2. The Insured committed the Wrongful Acton or after the Retroactive Date specified in the Declarations and before the end of the Policy Period; 3. The Claim for such Damages is first made against the Insured and is reported to the Company, in writing, during the Policy Period, or any applicable Extended Reporting Period; and 4. If on the effective date of this Policy, no Insured had knowledge of any Circumstance which could reasonably be expected to give rise to a Claim. II. TERRITORY The insurance provided by this Policy applies to Claims, arising out of any Wrongful Act committed or arising anywhere in the world, which are made or brought in the United States of America, including its territories, possessions and Puerto Rico. Ill. SUPPLEMENTARY COVERAGES AND PAYMENTS All payments made under this section are not subject to the deductible and are in addition to the Limits of Insurance shown in the Declarations. All other Policy terms and conditions shall apply. A. ADMINISTRATIVE, REGULATORY, DISCIPLINARY EXPENSE REIII'O' [meow= 7enEWED& APPROVE) BY.' ^ Risk Management Specs ist ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. Professional Liability Insurance Policy The Company shall reimburse the Insured, upon the Insured's written request, for reasonable and necessary legal fees and expenses incurred in responding to any: 1. Administrative or Regulatory Action brought against the Insured by the Environmental Protection Agency, any state or local environmental regulatory agency, or any other government official or regulatory agency, or any court, provided that the action arises out of a Wrongful Act, in the performance of Professional Services, committed or alleged to have been committed by the Insured on or after the Retroactive Date set forth in the Declarations and before the and of the Policy Period, and 2. Disciplinary Proceedings commenced against the Insured by a regulatory or disciplinary office, board or agency, to investigate charges of professional misconduct arising out of a Wrongful Act in the performance of Professional Services. The maximum total amount the Company will pay under this Policy for reimbursement for all administrative, regulatory and disciplinary legal fees and expenses is $50,000, regardless of the number of Insureds or the number of Administrative or Regulatory Actions or Disciplinary Proceedings. After the Company has paid $50,000 under this provision, the Company shall not be obligated to pay any further legal fees and expenses. B. DEFENDANTS REIMBURSEMENT The Company will pay an amount of $500 to each Insured for each day or part of a day that the Insured attends as a witness at any trial, hearing or deposition involving a Claim against such Insured, at which the Company has requested the Insured's attendance, or when such attendance is required by the court. This payment shall only apply to appearances involving Claims against the Insured. The maximum amount payable for all such appearances shall not exceed $10,000 as a total aggregate, regardless of how many appearances are actually made, or the number of Insureds making appearances, and regardless of any other fact, Circumstance or situation. C. IMAGE RESTORATION COSTS REIMBURSEMENT The Company shall reimburse the Named Insured up to a maximum of $50,000 per Policy Period, for image restoration costs arising out of damage to the Insured's reputation or consumer confidence as a result of a Claim covered under the Policy. Image restoration costs shall be limited to reasonable costs, expenses and fees incurred by the Named Insured, paid to a public relations firm, approved by the Company, for the purpose of restoring the Insured's reputation or consumer confidence through image restoration consulting. D. MEDIATION CREDIT If the Named Insured and the Company agree to utilize Mediation as a means to resolve a Claim made against the Insured, and if such Claim is resolved as a direct result of the Mediation and prior to any litigation, the Named Insured's deductible obligation shall be reduced by fifty percent (50%), subject to a maximum reduction of $25,000. As soon as practicable following the conclusion of such Mediation, the Company shall reimburse the Named Insured for any reimbursable deductible payment made by the First Named Insured prior to the Mediation. E. PREMIUMS ON BONDS ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. RZ Ewmb AppwN JBY A4u A�zv44 Risk Management Spea Ylst - IV Professional Liability Insurance Policy All premiums on bonds to release attachments and appeal bonds, limited to that portion of such bond that does not exceed the Limits of Insurance of this Policy, but without any obligation of any kind upon the Company to apply for, secure, or fumish any such bonds. For Supplementary Coverage F below, it is agreed that any and all payments made for Coverage F shall be subject to the deductible and shall be included within, and not be in addition to, the applicable Limits of Insurance. F. NEW ENTITY COVERAGE The coverage provided under this Policy shall apply on behalf of any entity which is newly formed or newly acquired by the Named Insured subsequent to the inception date of the Policy Period. Coverage shall be provided only to those newly formed or newly acquired entities for which, as of the date of formation or acquisition, the Named Insured directly owns fifty percent (50%) or more of the outstanding stock or other equity or ownership interest. It is agreed that there shall only be coverage for those Claims that arise from Wrongful Acts which were committed subsequent to the date of formation or acquisition. The Named Insured agrees to advise the Company of any newly formed or acquired entity within ninety (90) days of the date of formation or acquisition. The Named Insured agrees to accept any coverage terms or additional premium which the Company may require, relative to the newly formed or acquired entity. If the Named Insured does not agree to the coverage terms or additional premium offered, no coverage will be provided to the new or acquired entity. DEFINITIONS A. APPLICATION Application means all applications and/or proposals, including any attachments thereto, and all other information and materials submitted by or on behalf of any Insured to the Company in connection with the underwriting of this Policy, or any other policy or policies to which this Policy is a renewal or replacement. B. CIRCUMSTANCE Circumstance means any fact, event, occurrence, or situation that the Insured could reasonably expect to be the basis for a Claim. C. CLAIM Claim(s) means a demand, notice or assertion received by the Insured for money or services from a third party, including the service of a suit or institution of arbitration proceedings, alleging liability or responsibility on the part of the Insured for Damages arising out of a Wrongful Act committed by or on behalf of the Insured in performing or failing to perform Professional Services. Multiple Claims arising from the same or a series of related Wrongful Acts shall be considered a single Claim for the purpose of this Policy, irrespective of the number of Claimants or Insureds involved in the Claim. All such Claims shall be deemed to have been first made against the Insured at the time of the first such Claim. A Claim will be deemed to have been first made against the Insured when the Insured first receives nc fi of such Claim. I T V D. CLAIMS EXPENSE(S) ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. REVIEWED 6 APPROvm Sr. A*JU "440 Risk Management Specialist Professional Liability Insurance Policy Claims Expense(s) means all costs, charges and expenses resulting from the adjustment, appraisal, investigation, defense, settlement, arbitration or appeal of any Claim covered by the terms and conditions of this Policy if such costs, charges and expenses are incurred by the Company, an attorney designated by the Company, or by any Insured with the written consent of the Company. Claims Expenses) shall not include the costs of investigating or administering any Claim by employees of the Company or loss of earnings incurred by any Insured in investigating, defending, settling, arbitrating or appealing any Claim at the Company's direction, except as provided in Section III. SUPPLEMENTARY COVERAGES AND PAYMENTS, Part B., DEFENDANTS REIMBURSEMENT. E. COMPUTER SYSTEM Computer System means computer software, hardware and firmware and associated input and output devices (including wireless and mobile devices) data storage and data processing devices, networking equipment and backup facilities, including cloud computing devices and facilities. F. DAMAGES Damages means any compensatory sum the Insured is legally liable to pay, including judgments, awards, or settlements negotiated with the approval of the Company. Where permitted by law and arising out of the services or activities covered by this Policy, Damages includes punitive or exemplary damages and the multiple portion of any multiplied award. Damages also include liquidated damages, but only to the extent of liability the Insured would have had in the absence of the agreement for liquidated damages. Damages shall not include: 1. Sanctions, taxes, fines, penalties imposed on the Insured; 2. Any withdrawal, return or reduction of professional profits, fees or the time and expense incurred by the Insured in addressing or resolving a Claim or Circumstance. G. DISCIPLINARY PROCEEDINGS Disciplinary Proceedings means any proceeding by an administrative, regulatory or disciplinary official, board, or agency to investigate charges of professional misconduct in the performance of or failure to perform Professional Services. However, Disciplinary Proceedings shall not include a criminal proceeding or an Organizational Peer Review. H. DRONES Drones mean unmanned aircraft vehicles that are not designed, manufactured or modified after manufacture to be controlled by a person from within or on such vehicles. I. ELECTRONIC DATA Electronic Data means information, knowledge or programs recorded on, stored on, created or used on, or transmitted to orfrom a Computer System. J. EXTENDED REPORTING PERIOD Extended Reporting Period means either: ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. RE,AE &APPROVED BY. Risk Management Specialist Professional Liability Insurance Policy 1. The Automatic Extended Reporting Period as described in Section IX. EXTENDED REPORTING PERIOD, Part B; or 2. The Optional Extended Reporting Period as described in Section IX. EXTENDED REPORTING PERIOD, Part C; whichever is applicable, following the termination or renewal of coverage as described in Section X. EXTENDED REPORTING PERIOD, in which to report a Claim(s). K. FIRST NAMED INSURED First Named Insured means the Named Insured that is listed in the Declarations. L. INSURED Insured means: 1. The Named Insured; 2. A director or officer of the Named Insured, but only while acting in their respective capacity as such; 3. An employee of the Named Insured, but only with respect to Professional Services performed or failed to have been performed on behalf of the Named Insured in the employee's capacity as such; 4. A former director, officer or employee of the Named Insured, but only with respect to Professional Services performed or failed to have been performed on behalf of the Named Insured prior to the termination of that respective capacity; 5. The current spouse, including a party to a civil union or domestic partnership recognized under the applicable law of the jurisdiction having authority, of any current owner, director or officer of the Named Insured; 6. The heirs, executors, administrators, and legal representatives of each Insured in the event of death, incapacity or bankruptcy, but solely with respect to the liability of each Insured as otherwise covered by this Policy; 7. Any temporary or leased personnel, but only for Professional Services performed while acting under the direct supervision of or on behalf of the Named Insured; and 8. Any Named Insured with regard to its participation in a joint venture, but solely for the Named Insured's liability for their performance of Professional Services under the respective joint venture. M. MEDIATION Mediation means the non -binding intervention of a neutral third -party to effect resolution of a Claim. N. NAMED INSURED Named Insured means the First Named Insured or any person(s) or entity(ies) expressly added as a Named Insured by endorsement to this Policy. O. POLICY PERIOD Policy Period means the period set forth in the Declarations, or any may be amended by endorsement or a result of cancellation of this ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. G. REVIEWED S, APPROVED By. 'a Ruk Management Speaalist P. PROFESSIONAL SERVICES Professional Liability Insurance Policy Professional Services means those services performed by the Insured, or on the Insured's behalf, for others, for a fee, or as endorsed onto this Policy. Q. WRONGFUL ACT(S) Wrongful Acts) means any actual or alleged negligent act, error or omission by the Insured or by any entity or person for whom the Insured is legally liable, committed while performing, or during the course of performance or failing to perform Professional Services for others. V. LIMITS OF INSURANCE AND DEDUCTIBLE A. THE LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the other applicable limits set forth in this section below will be the maximum amount the Company will pay regardless of the number of: 1. Claims made; 2. Persons or organizations making Claims; 3. Insureds; and/or 4. Actual or alleged Wrongful Acts. B. EACH CLAIM LIMIT FOR DAMAGES The "Each Claim Limit for Damages' amount shown in the Declarations is the maximum amount the Company will pay under this Policy, in excess of any deductible amount shown in the Declarations or specifically endorsed onto this Policy, on behalf of the Insured, for the sum of all Damages incurred, and any other coverages afforded under this Policy or any attached endorsements, arising out of any single Claim. Two or more Claims for or arising out of the same or related Wrongful Acts shall be considered a single Claim and shall be subject to the "Each Claim Limit for Damages' shown in the Declarations. A related Wrongful Act is that which arises out of, is based on, relates to or is in consequence of, the same facts, Circumstances or situations. C. AGGREGATE LIMIT FOR DAMAGES The "Aggregate Limit for Damages' amount shown in the Declarations is the maximum amount the Company will pay under this Policy, in excess of any deductible amount shown in the Declarations or specifically endorsed onto this Policy, on behalf of the Insured, for the sum of all Damages for all Claims made and reported during the Policy Period or any applicable Extended Reporting Period. D. CLAIMS EXPENSE LIMIT FOR EACH CLAIM The "Claims Expense Limit for Each Claim" amount shown in the Declarations is the maximum amount the Company will pay for the sum of all Claims Expenses that arise out of any single Claim that is made and reported during the Policy Period or any applicable Extended Reporting Period. E. CLAIMS EXPENSE AGGREGATE LIMIT ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. xmk Muagmml Dm3lomn RwEWED & APPROV�ED� �B�r Risk Management ,4p VI. Professional Liability Insurance Policy The "Claims Expense Aggregate Limit" amount shown in the Declarations is the maximum amount the Company will pay for the sum of all Claims Expenses for all Claims that are made and reported during the Policy Period or any applicable Extended Reporting Period. F. DEPLETION OF CLAIMS EXPENSE LIMIT FOR EACH CLAIM If the limit shown in the Declarations for "Claims Expense Limit for Each Claim" is depleted for any single Claim, any remaining limits shown in the Declarations under Aggregate Limit for Damages may apply as excess of the Claims Expense Limit for Each Claim shown in the Declarations. However, the most the Company will pay for the sum of all Damages and Claim Expenses arising out of any single Claim is the sum of the limits shown in the Declarations for Each Claim Limit for Damages and Claims Expense Limit for Each Claim. G. DEDUCTIBLE With respect to each Claim first made against any Insured, the First Named Insured shall be responsible for payment for that amount of Damages or Claims Expenses indicated in the Declarations as the deductible amount. The Company shall not be responsible to make any payments for Damages or Claims Expenses unless and until the deductible has been fully paid by the First Named Insured. Should the Company, for any reason, pay any amount of Damages, Claims Expenses or supplementary payments without regard to the deductible amount, the Named Insured will reimburse the Company within thirty (30) days of the Company's written request for such reimbursement for that part of the deductible amount which has been paid. EXCLUSIONS Unless otherwise specified, these exclusions are applicable to all coverages provided under this Policy, including any Damages, Claims Expense(s), and any coverage or payment provided pursuant to Section III. SUPPLEMENTARY COVERAGES AND PAYMENTS, arising out of, relating to, resulting from, or based upon: A. CONTRACTUAL LIABILITY The liability of others assumed by the Insured in a contract or agreement, unless such liability would exist in the absence of that contract or agreement. B. CYBER LIABILITY The insurance provided under this Policy does not apply to any liability, Damages, Claims, Claims Expense(s) or any coverage or payment arising directly or indirectly out of any actual, alleged or threatened: 1. Unauthorized access to, alteration of, or use of any Computer System or Electronic Data; 2. Denial of service attack upon or directed at any Computer System; 3. Malicious use of computer code or any computer virus created or transmitted by, or introduced into any Computer System; 4. Theft of, dissemination of, publication of or disclosure of any Electronic Data consisting of a person's or organization's confidential or personal information; or liWWeeMWWgaRrMDMdm RwEWm & APPRovm 8y. Ruk Management Spedallst 5. Theft of, loss of, loss of use of, corruption of, damage to, disruptiol access or alter Electronic Data. ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. Professional Liability Insurance Policy C. DISCRIMINATION, HUMILIATION, HARASSMENT AND MISCONDUCT Any Claim for or arising out of or resulting from any actual or alleged discrimination, humiliation, harassment or misconduct because of age, color, race, sex, creed, national origin, marital status, sexual preference or orientation, religion, disability or pregnancy; provided, that this exclusion shall not apply to any Claim based upon the Americans with Disabilities Act of 1990 (ADA), as amended, or the Fair Housing Act (FHA), or any state or local versions of those acts, and arising out of the Insured's rendering or failure to render Professional Services. D. EMPLOYER'S LIABILITY AND WORKERS' COMPENSATION Any Claim based upon or arising under any employer's liability, workers compensation, unemployment compensation or disability benefits law or similar law. E. FAILURE TO MAINTAIN INSURANCE, BONDS AND SURETIES Any Claim arising out of or resulting from the advising or requiring of, or failure to advise or require, or failure to maintain any form of insurance, suretyship or bond, either with respect to the Insured or any other person or entity. F. INSURED VS. INSURED Any Claim by any current or past Insured against another current or past Insured under this Policy. This exclusion shall not apply to a Claim by an additional Insured added by endorsement to this Policy against any Insured under this Policy. G. INSOLVENCY AND BANKRUPTCY Any Claim arising out of or resulting from the insolvency or bankruptcy of any Insured or of any other entity including but not limited to the failure, inability, or unwillingness to pay Claims, losses, or benefits due to the insolvency, liquidation or bankruptcy of any such individual or entity. H. INTENTIONAL OR ILLEGAL ACTS Any Insured's: Intentional, wilful, or deliberate non-compliance with any statute, regulation, ordinance, administrative complaint or notice of violation, notice letter, executive order or instruction of any governmental agency or body; or 2. Dishonest, illegal, fraudulent or criminal act. I. PATENT INFRINGEMENT Any Claim for or arising out of actual or alleged infringement of patent, copyright, or patent rights or misuse of patent. J. PREVIOUSLY REPORTED CLAIMS Any Claim, actual or alleged act, error or omission in the Insured's Professional Services, or other Circumstance reported by the Insured under any prior policy that was not issued by the Company. K. PRODUCTS ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. —,,...9� �� RneAED��,S,.�.eAPPPR VED Rr. :e Risk Man ge�rnent cew.4 VII. DUTY TO DEFEND, INVESTIGATION AND SETTLEMENT ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. Professional Liability Insurance Policy Any Claim arising out of or resulting from the design or manufacture of any goods or products, for multiple sales or mass distribution which are sold or supplied by the Insured or by others under license from the Insured. L. PROPERTY LIABILITY Any Claim arising out of or resulting from the Insured's ownership, rental, lease, maintenance, operation, use, repair, voluntary or involuntary sale, transfer, exchange, gift, abandonment or condemnation of any real or personal property including without limitation, automobiles, aircraft, watercraft and other kinds of conveyances. M. RELATED ENTITIES Any Claim arising out of Professional Services performed for any entity which: 1. Is operated, managed or controlled by the Insured or any individual Insured; 2. The Insured or any individual Insured has an ownership interest; 3. The Insured or any individual Insured is an officer or director; or 4. Wholly or partly owns, operates, controls or manages the Insured. N. TRANSPORTATION Damages based upon or arising out of the ownership, maintenance, use or the entrustment to others of any automobile, watercraft, aircraft or rolling stock owned or operated by or rented or loaned to any Insured. However, this exclusion does not apply to any Claim arising out of the ownership, maintenance, use or entrustment to others of any Drones by the Insured for the purpose of taking aerial photographs related to industrial inspections and the general operations of environmental impact, work progress, mapping or project planning. o. WAR AND TERRORISM Any Claim directly or indirectly caused by, resulting from or in connection with: 1. Any of the following regardless of any other cause or event contributing concurrently or in any other sequence to the loss: a. War, invasion, acts of foreign enemies, hostilities or warlike operations (whether war is declared or not), civil war, rebellion, revolution, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power; or b. Any act of terrorism. 2. Any action taken in controlling, preventing, suppressing or in any way relating to a. or b. above. For the purpose of this exclusion, an act of terrorism means an act, including but not limited to the use of force or violence and/or the threat thereof, of any person or group(s) of persons, whether acting alone or on behalf of or in connection with any organization(s) or govemment(s), committed for political, religious, ideological or similar purposes including the intention to influence any government and/or to put the public, or any section of the public, in fear. RLkMwaga erdDh,Wm REVIEWED& APPROVED BY.' A, p Auvata Rhk Management SpeaMst Professional Liability Insurance Policy A. DUTY TO DEFEND AND INVESTIGATE The Company has the right and duty to defend any Claim against the Insured to which this insurance applies, even if any of the allegations are groundless, false, or fraudulent. The Company shall have the absolute right to designate legal counsel for the investigation, adjustment and defense of any Claim. If requested by the Named Insured, the Company shall consult with the Named Insured on the selection of counsel. The Named Insured's selection of counsel must be based on the Company's guidelines and subject to the Company's written consent. With respect to any Claim that the Company defends, the Company shall pay Claims Expenses for the investigation, contest or defense of a specific Claim. Claims Expenses shall be subject to the terms and conditions of this Policy and shall erode the Limits of Insurance and any applicable deductible. The Company's duty to defend the Insured shall terminate when the Company establishes either: (i) the absence of coverage under the terms and conditions of this Policy; or (ii) the applicable Limits of Insurance have been exhausted. In such situations, the Company shall take reasonable steps to transfer control of any existing defense to the Named Insured. B. SETTLEMENT The Insured shall not admit or assume liability or settle or negotiate to settle any Claim without the prior written consent of the Company. The Insured must notify the Company of all settlement offers and the Company will in turn present all settlement offers to the Insured. The Company shall not settle any Claim without the consent of the Insured. If, however, the Insured refuses to consent to any settlement recommended by the Company and elects to contest the Claim or continue any legal proceedings in connection with such Claim, then the Company's liability for that Claim shall not exceed the amount for which the Claim could have been settled plus related Claims Expenses incurred up to the date of such refusal, less the deductible or the outstanding deductible balance, if any. Vill. CONDITIONS A. ACCEPTANCE By acceptance of this Policy, the Named Insured hereby confirms that all provisions hereof, including all endorsements and the Application attached hereto and made a part of this Policy, embody all agreements existing between the Named Insured and the Company and supersede any prior agreements, whether expressed or implied. B. ACKNOWLEDGMENT OF APPLICATION The Named Insured acknowledges and agrees that: 1. The warranties and representations contained in the Application for this Policy are true, correct and complete; and 2. The Company issued this Policy in specific reliance upon the warranties and representations contained in the Application; and 3. A copy of the Application, kept on file by the Company, along with the Policy Declarations Page, is incorporated into and is part of this Policy. C. ACTIONS PREJUDICIAL TO THE COMPANY RE%AEwED S APPRovEJ By. A+.y:g Ae%44 Rak Management Spedkint ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. Professional Liability Insurance Policy In the event of a Claim, no Insured shall undertake any of the actions listed below, without the Company's prior, written consent. Any of the following actions by the Insured shall be deemed to materially prejudice the Company's rights: 1. Engage counsel to provide legal representation; 2. Forgive, reduce in amount or otherwise compromise any compensation owed or allegedly owed to the Named Insured; 3. Admit, or in any manner acknowledge liability; or 4. Effectuate or attempt to effectuate settlement, including, but not limited to, entering into a consent decree involving the assignment of the Insured's interest under this Policy. D. ASSIGNMENT The First Named Insured may assign this Policy with the Company's written consent, which shall not be unreasonably withheld or delayed; however, no assignment shall bind the Company until it has issued an endorsement that is made a part of this Policy. E. BANKRUPTCY Bankruptcy or insolvency or receivership of the Insured or the Insured's estate does not relieve the Company of its obligations under this Policy; however, this provision does not apply if this Policy is cancelled by the Company due to nonpayment of premium or deductible. F. CANCELLATION The First Named Insured may cancel this Policy by mailing to the Company written notice stating when such cancellation shall become effective. The Company may cancel this Policy by mailing to the Named Insured, at the mailing address specified in the Declarations, written notice stating when not less than thirty (30) days thereafter such cancellation shall become effective, except in the event of the Named Insured's non- payment of premium, not less than ten (10) days advanced notice of cancellation shall be given. The mailing of notice aforementioned shall be sufficient proof of either party's intent to cancel. The effective date of cancellation specified in such notice shall terminate this Policy Period. Delivery of such notice shall be equivalent to mailing. If the Named Insured cancels, the earned premium shall be computed in accordance with the customary short rate table. If the Company cancels, the earned premium shall be computed pro rata. The Company will tender any return premium subject to retaining a minimum earned premium equivalent to 25% of the premium amount specified in the Declarations. Premium may be adjusted either at the time of the cancellation effective date or as soon as practicable thereafter, but tender of the unearned premium or return of this Policy, shall not be conditions precedent to cancellation hereunder. G. CHANGES The terms of this Policy shall not be amended, waived or otherwise changed, except by endorsement issued by the Company and made a part of this Policy. H. CONCEALMENT OR FRAUD This entire Policy shall be voidable if, whether before or after Damage Expenses are incurred or a Claim is first made, the Insured has made ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. REVIEWED 6 APPROVED BY: A+SU A"V44 Ruk Management Spenaust Professional Liability Insurance Policy false or fraudulent or willfully concealed or misrepresented any fact or Circumstance material to the granting of coverage under this Policy. COOPERATION AND ASSISTANCE OF CLAIMS Each Insured shall have the duty to fully cooperate with and assist the Company, with respect to the investigation, defense, settlement, arbitration or appeal of any Claim. No Insured shall be indemnified hereunder for loss of earnings incurred in such cooperation or assistance, except as provided in Section III. SUPPLEMENTARY COVERAGES AND PAYMENTS, B. DEFENDANTS REIMBURSEMENT, nor shall such loss of earnings apply towards the satisfaction of the deductible. J. HEADINGS The descriptions in the headings of this Policy are solely for convenience and form no part of the Policy terms and conditions. K. INDEMNIFICATION The Named Insured specified in the Declarations shall be deemed agent of each Insured with respect to all matters involving this Policy, however, the Company shall have the right to seek indemnification from any Insured or any other person who may be legally liable for the debts of the Named Insured. L. NO ACTION AGAINST COMPANY No action shall lie against the Company unless, as a condition precedent thereto, each Insured has fully complied with all the provisions of the Policy, or until the amount of the Named Insured's obligation to pay has been finally determined either by written agreement of the Named Insured, the claimant and the Company or by final judgment against the Named Insured after the actual trial of the issues and the period of time to appeal has elapsed without an appeal having been taken or, if an appeal has been taken, then until after such appeal has been determined. M. NON -RENEWAL The Company may non -renew this Policy by mailing a written notice of non -renewal to the First Named Insured at the last known address appearing in the Company's records. Written notice shall be mailed at least thirty (30) days before the end of the Policy Period. The notice of proof of mailing shall be sufficient proof that such notice was mailed. N. NOTICE OF CIRCUMSTANCE AND CLAIMS The Named Insured shall, as soon as practicable, provide written notice of any Claim received or Circumstance. Such written notice: 1. Shall be given to the Company asset forth in the Claims Notice Endorsement attached to this Policy; and 2. Shall contain complete details regarding the Claim or Circumstance, including but not limited to: a. The exact date the Circumstance was discovered or the Claim was made; b. The nature and location, and details giving rise to such Circumstance or Claim; c. All information relating to the cause of the Circumstance or Ch ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. REMD S APPRQ Or. Risk Management Spedalirt Professional Liability Insurance Policy d. All demands, summonses, notices or other related documents filed with a court of law, administrative agency or an investigative body; e. The names and addresses of all parties asserting a Claim and all persons with knowledge of the Claim and related Circumstance; f. All other information in the possession of the Insured or its affiliates regarding the Circumstance, the discovery and the Claim; and g. Any other information pertinent to the Circumstance or Claim that the Company deems reasonably necessary. The duties of the Insured herein may not be delegated. Nothing contained herein shall relieve the Insured from any obligation, including any notification requirements it may have pursuant to applicable laws, rules or regulations. O. OTHER INSURANCE If any part of Damages, Claims Expenses, or other coverage afforded under this Policy or by endorsement attached to this Policy, is insured under this Policy and any other policy not issued by the Company or an affiliate of the Company, this Policy shall be excess insurance and shall not contribute with the other insurance, unless: 1. Such other insurance is also excess insurance, in which case this Policy shall provide coverage for such Damages, Claims Expenses, or other coverage afforded under this Policy or by endorsement attached to this Policy, in proportion to the applicable Limits of Insurance of this Policy and those of such other policy or policies; or 2. Such other insurance is expressly written to be excess of this Policy, in which case this insurance is primary. P. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Policy to the First Named Insured, this Policy applies: 1. As if each Named Insured were the only Named Insured; and 2. Separately to each Insured against whom Claim is made. Q. SERVICE OF SUIT In the event of failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the Insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company's rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Counsel, Freberg Environmental Insurance Inc., or his or her representative, and that in any suit instituted against the Company upon this policy, the Company will abide by the final decision of such court or of any appellate court in the event of an appeal. R. WAIVER OF SUBROGATION ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. R1skMwaganmtD1tvian Rwev/m & APPRW® By. M�l Rhk Management Sped%irt Professional Liability Insurance Policy In the event of any payment of any Claim under this Policy, the Company will be subrogated in the amount of such payment to all of the Insureds rights of recovery against any person or organization. The Insured must do everything reasonably necessary to secure these rights and must do nothing after a Claim is made to jeopardize such rights. The Company shall have priority over the Insured in allocation of any recovery, and any amounts recovered in excess of the Company's total payment and the cost to the Company of recovery shall be paid to the Insured. The Limit of Insurance shall be reinstated by the amount recovered by the Company, less the cost to the Company of recovery. However, the Company herby waives such subrogation rights against any Insured under this Policy, and also against the Insured's client to the extent that the Insured had, prior to the Claim or Circumstance, a written agreement to waive such rights, provided that prior to such writing no Insured had a basis to believe that any matter asserted in the Claim or Circumstance might reasonably be expected to be the basis of a Claim. IX. EXTENDED REPORTING PERIOD A. EXTENDED REPORTING PERIOD The Insured shall be entitled to an Automatic Extended Reporting Period, and the Named Insured shall be entitled to purchase an Optional Extended Reporting Period, if this Policy is cancelled or non -renewed for any reason other than non-payment of the premium, fraud or material misrepresentation, and the Insured has not purchased other insurance to replace this Policy. If this Policy is renewed, the Insured shall be entitled to an Automatic Renewal Extended Reporting Period, as set forth below in Paragraph B. The Extended Reporting Period neither extends the Policy Period, nor changes the scope of coverage provided by this Policy. The Extended Reporting Period shall not modify, reinstate or increase the Limits of Insurance of this Policy, and any payment made by the Company during the Extended Reporting Period shall reduce the available Limits of Insurance. B. AUTOMATIC EXTENDED REPORTING PERIOD The Automatic Extended Reporting Period is a sixty (60) day period, which begins on the effective date of termination of this Policy. The Insured shall be entitled to an Automatic Extended Reporting Period for no additional premium charge. The Automatic Extended Reporting Period shall apply as follows: A Claim first made against the Insured during the Policy Period and reported to the Company, in writing, during the Automatic Extended Reporting Period will be deemed to have been made and reported on the last day of the Policy Period, provided that such Claim is otherwise covered under this Policy. All such Claims shall arise out of a Wrongful Act in the performance or non-performance of Professional Services that was committed on or after the Retroactive Date and before the end of the Policy Period. If the Optional Extended Reporting Period is purchased, then the Automatic Extended Reporting Period shall not apply. C. OPTIONAL EXTENDED REPORTING PERIOD ECC-1313-0118 © Freberg Environmental, 2018 All fights reserved. RGkMmagemottAxs�on REVEWED S APPROVED BY. Risk Management SpeaNut Professional Liability Insurance Policy The Named Insured may purchase an Optional Extended Reporting Period of up to thirty six (36) months beginning on the effective date of termination of this Policy for an additional premium, provided that: 1. The Named Insured makes a request, in writing, for such Optional Extended Reporting Period, which is received by the Company within thirty (30) days of the effective date of termination of this Policy; 2. The additional premium for an Optional Extended Reporting Period will be calculated by the Company and shall not exceed: 100% of the expiring annual premium for a one (1) year period; 175% of the expiring annual premium for a two (2) year period; and 250% of the expiring annual premium for a three (3) year period. 3. The Named Insured shall pay the Company the additional premium within sixty (60) days of the effective date of termination of this Policy, and once paid, such premium shall be fully earned. The Optional Extended Reporting Period shall apply as follows: A Claim first made against the Insured during the Policy Period and first reported to the Company, in writing, during the Optional Extended Reporting Period will be deemed to have been made and reported on the last day of the Policy Period, provided that such Claim is otherwise covered under this Policy. All such Claims shall arise out of a Wrongful Act in the performance or non-performance of Professional Services that was committed on or after the Retroactive Date and before the end of the Policy Period. 2. A Claim first made against the Insured and reported to the Company, in writing, during the Optional Extended Reporting Period will be deemed to have been made and reported on the last day of the Policy Period. 3. Once purchased, an Optional Extended Reporting Period cannot be cancelled. ECC-1313-0118 © Freberg Environmental, 2018 All rights reserved. Risk Manrgv,,wdD Elan M REVIEWED 6 APPRO'J®Br. �G�Mww Risk Management Specialist Pyramid Group International Inc. Exclusion Of Terrorism This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY OWNERS AND CONTRACTORS PROTECTIVE LIABILITY CONTRACTORS POLLUTION LIABILITY ENVIRONMENTAL IMPAIRMENT LIABILITY RAILROAD PROTECTIVE LIABILITY STORAGE TANK ENVIRONMENTAL IMPAIRMENT LIABILITY A. The following definitions are added and apply under this endorsement whenever the term terrorism, or the phrase any injury or damage, are enclosed in quotation marks: 1. 'Terrorism" means activities against persons, organizations or property of any nature: a. That involve the following or preparation for the following: (1) Use or threat of force or violence; or (2) Commission or threat of a dangerous act; or (3) Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or mechanical system; and b. When one or both of the following applies: (1) The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or (2) It appears that the intent is to intimidate or coerce a government, orto further political, ideological, religious, social or economic objectives or to express (or express opposition to) a philosophy or ideology. 2. "Any injury or damage" means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable, and includes but is not limited to 'bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part or Policy. B. The following exclusion is added: EXCLUSION OF TERRORISM We will not pay for "any injury or damage" caused directly or indirectly by "ter RAMmaganad avian r° REmEwED & Al ov® Or action in hindering or defending against an actual or expected incident of "ter s , A+� Acar.(a Risk Management Speealist CG 21 90 01 06 © ISO Properties, Inc., 2004 All rights reserved. Pyramid Group International Inc. or damage" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the following are attributed to an incident of "terrorism": 1. The "terrorism" is carried out by means of the dispersal or application of radioactive material, or through the use of a nuclearweapon or device that involves or produces a nuclear reaction, nuclear radiation or radioactive contamination; or 2. Radioactive material is released, and it appears that one purpose of the "terrorism" was to release such material; or 3. The 'terrorism" is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or 4. Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of the terrorism" was to release such materials; or 5. The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the 'terrorism" and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: a. Physical injury that involves a substantial risk of death; or b. Protracted and obvious physical disfigurement; or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of "terrorism" which occur within a 72-hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident, for the purpose of determining whether the thresholds in Paragraphs B.5. or B.6. are exceeded. With respect to this Exclusion, Paragraphs B.5. and B.6. describe the threshold used to measure the magnitude of an incident of "terrorism" and the circumstances in which the threshold will apply, for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of "terrorism", there is no coverage under this Coverage Part or Policy. In the event of any incident of "terrorism" that is not subject to this Exclusion, coverage does not apply to "any injury or damage" that is otherwise excluded under this Coverage Part or Policy. BEnEwm 6 ArrRw®Bv: 'Romp' Risk Management Specialist CG 21 90 01 06 © ISO Properties, Inc., 2004 All rights reserved. raye � ul 4 Pyramid Group International Inc. Endorsement Number: 1 COMMON POLICY CONDITIONS ENDORSEMENT This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of the premium charged, and notwithstanding anything contained in this Policy to the contrary, it is hereby agreed that all coverage parts included in this Policy are subject to the following conditions: A. CANCELLATION The Named Insured may cancel this Policy by mailing to the Company written notice stating when thereafter such cancellation shall become effective. The Company may cancel this Policy by mailing to the Named Insured, at the mailing address specified in the Declarations, written notice stating when not less than thirty (30) days thereafter such cancellation shall become effective, except in the event of the Named Insured's nonpayment of premium, not less than ten (10) days advance notice of cancellation shall be given. The mailing of notice as stated above, shall be sufficient proof of either party's intent to cancel. The effective date of cancellation specified in such notice shall terminate the Policy Period. Delivery of such notice shall be equivalent to mailing. If the Named Insured cancels, the earned premium shall be computed in accordance with the customary short rate table. If the Company cancels, the earned premium shall be computed pro rata. The Company will tender any return premium subject to retaining a minimum earned premium equal to 25% of the amount specified in the Declarations. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable thereafter, but tender of the unearned premium or return of this Policy, shall not be conditions precedent to cancellation hereunder. B. CHANGES The terms of this Policy shall not be amended, waived or otherwise changed, except by endorsement issued by the Company and made a part of this Policy. C. EXAMINATION OF BOOKS AND RECORDS The Company may examine and audit the Named Insured's books and records as they relate to this Policy at any time during the Policy Period and up to three (3) years afterward. D. INSPECTIONS AND SURVEYS The Company has the right, but is not obliged to: 1. Make inspections and surveys at any time; 2. Give the Named Insured reports on the conditions the Company finds; and 3. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insi premiums to be charged. The Company does not make safety inspectic R®kMmagaywdDMeicn . REM�D^/P &APPR vm By.. emen[Spn` oaf's[ Risk Man g ECC-1315-0118 ©2018, Freberg Environmental, Inc. Pyramid Group International Inc. does not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. The Company does not warrant that conditions: 1. Are safe or healthful; or 2. Comply with laws, regulations, codes or standards. This condition applies not only to the Company, but also to any rating, advisory, rate service, engineering firm or similar organization which makes insurance inspections, surveys, reports or recommendations. E. NAMED INSURED AS AGENT The Named Insured specified in the Declarations shall be deemed agent of each Insured with respect to all matters involving this Policy, however, the Company shall have the right to seek indemnification from any Insured or any other person who may be legally liable for the debts of the Named Insured. F. PREMIUMS The First Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; 2. Will be the payee for any return premiums the Company pays; and 3. Is responsible for the payment of all deductibles and self -Insured retention amounts under this Policy. G. ADDITIONAL PREMIUMS If, during the Policy Period, an increase in the risk or hazards covered hereunder occurs, the Company shall have the right to charge the appropriate additional premium. H. TRANSFER OF RIGHTS AND DUTIES UNDER THIS POLICY The Named Insured's rights and duties under this Policy may not be transferred without the Company's written consent except in the case of death of an individual Named Insured. If an individual Named Insured dies, their rights and duties will be transferred to their legal representative, but only while acting within the scope of duties as such. Until the Named Insured's legal representative is appointed, anyone having proper temporary custody of the Named Insured's property will have their rights and duties but only with respect to that property. I. BANKRUPTCY OR INSOLVENCY Bankruptcy or insolvency of the Insured or of the Insureds estate will not relieve the Company of its obligations under the Policy. All other terms and conditions under the Policy remain unchanged. ` REMEwmm &APv BY. A+� Auwdu Risk Management Spedailst ECC-1315-0118 © 2018, Freberg Environmental, Inc. Pyramid Group International Inc. Endorsement Number: 2 NUCLEAR ENERGY LIABILITY EXCLUSION This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY PROFESSIONAL LIABILITY I. The insurance does not apply: A. Under any Liability Coverage, to Bodily Injuryor Property Damage: 1. With respect to which an 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, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance; or 2. 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. Under any Medical Payments coverage, to expenses incurred with respect to Bodily Injury resulting from the Hazardous Properties of Nuclear Material and arising out of the operation of a Nuclear Facility by any person or organization. C. Under any Liability Coverage, to Bodily Injury or Property Damage resulting from Hazardous Properties of Nuclear Material if: 1. The Nuclear Material (a) is at any Nuclear Facility owned by, or operated by or on behalf of, an Insured, or (b) has been discharged or dispersed therefrom; 2. The Nuclear Material is contained in Spent Fuel or Waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Insured; or 3. The Bodily Injury or Property Damage arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any Nuclear Facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to Property Damage to such Nuclear Fach thereat. V" II. As used in this endorsement: REVIEWED 6 ArrRw® Br: A,-p"44 Risk Management Speda t ECC-1316-0118 © 2018, Freberg Environmental, Inc. Pyramid Group International Inc. Hazardous Properties mean radioactive, toxic or explosive properties. Nuclear Material means Source Material, Special Nuclear Material or By -Product Material. Source Material, Special Nuclear Material, and By -Product Material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent Fuel means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a Nuclear Reactor. Waste means any waste material (a) containing By -Product Material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material' content, and (b) resulting from the operation by any person or organization of any Nuclear Facility included under the first two paragraphs of the definition of Nuclear Facility. Nuclear Facility means: a. Any Nuclear Reactor, b. Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing Spent Fuel, or (3) 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 premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any of the combination thereof, or more than 250 grams of uranium 235; or d. Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of Waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. 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. Property Damage includes all forms of radioactive contamination of property. All other terms and conditions under the Policy remain unchanged. ECC-1316-0118 © 2018, Freberg Environmental, Inc. ��Y•c,,•, � "� Ride MW ftWAvdDivision Riumm S APPROV®BY: �(�:eflewtelo ®' Risk Management Speaaiist rage z or z Pyramid Group International Inc. Endorsement Number: 3 Deductible Liability Insurance Endorsement This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE COVERAGE AMOUNT & BASIS OF DEDUCTIBLE Per Claim Per Occurrence Bodily Injury Liability Not applicable Not Applicable Property Damage Liability Not applicable Not Applicable Bodily Injury & Property Damage Liability Combined Not applicable $2,500 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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 state in the Schedule above, as applicable to such coverage. B. Deductible amounts may be on either Per Claim or Per Occurrence basis. The deductible applies to the coverage option and to the basis of the Deductible indicated by the placement of the Deductible amount in the Schedule above. 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 applies as follows: a. Under Bodily Injury Liability coverage, to all damages sustained by any one person because of "bodily injury"; or b. Under Property Damage Liability coverage, to all damages sustained by any one person because of "property damage"; or c. Under Bodily Injury & Property Damage Liability Combined, to all damages sustained by any one person because of: (1) "bodily injury"; or (2) "property damage"; or ti rx.�m ()3 "bodily injury" and "property damage" combined as the result of ai g,; -._ Y9 ; �; �nEwEn&AraRw®sv: If damages are claimed for care, loss of services or death resulting at ; `'Q, A+f &4wdo ® RM ManagemM SpeaAM ECC-317-0712 © 2018, Freberg Environmental, Inc. Pyramid Group International Inc. 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 as follows: a. Under Bodily Injury Liability coverage, to all damages because of "bodily injury'; or b. Under Property Damage Liability coverage, to all damages because of "property damage'; or c. Under Bodily Injury Liability and Property Damage Liability Coverage Combined, to all damages because of: (1) "Bodily injury"; or (2) "Property damage'; or (3) "Bodily injury" and "property damage" combined as the result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". C. The terms of this insurance, including those with respect to: 1. Our right and duty to defend the Insured against any "suits" 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. E. This endorsement does not apply to COVERAGE C. MEDICAL PAYMENTS. Ruk Management Specialist ECC-317-0712 ©2018, Freberg Environmental, Inc. Pyramid Group International Inc. Endorsement Number: 4 MINIMUM EARNED PREMIUM ENDORSEMENT This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is agreed that the following change is made to the policy. COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY PROFESSIONAL LIABILITY If this Policy is cancelled at the request of the Insured, the total premium retained by the Company shall not be less than 25% of the premium shown in the Declarations. All other terms and conditions under the Policy remain unchanged. wekMuagmentDw,lon s REVIEVPED& APPROVED Sr Risk lnanrgemen[5pea iirt ` ECC-1327-0118 © 2018, Freberg Environmental, Inc. rayu I UI I Pyramid Group International Inc. Endorsement Number: 5 Automatic Additional Insured — Owners, Lessees or Contractors This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person(s or organization's vicarious liability arising out of your ongoing operations performed for that insured. oa.. xw�nrp� ^3 MM=M r. MVROAAv®8v: i' A� Ic:l'q:a '� RA Management SpeaXis[ ECC-319-0712 © 2018, Freberg Environmental, Inc. Page o ECC-319-0712 © 2018, Freberg Environmental, Inc. Page o Pyramid Group International Inc. Endorsement Number: 6 Automatic Waiver of Subrogation Endorsement This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC-320-0712 © 2018, Freberg Environmental, Inc. Risk MwagewvAD 7eWn , REvier. m & APPRov®ar. g , ;.h- A-fp Actv44 Risk Management Spedalist age 1 of 1 age 1 of 1 Pyramid Group International Inc. Endorsement Number: 7 Exclusion — Engineers, Architects or Surveyors Professional Liability This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY Thefollowing exclusion is added to paragraph 2., Exclusions of COVERAGE A -- BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I -- Coverages) and paragraph 2., Exclusions of COVERAGE B -- PERSONAL AND ADVERTISING INJURY LIABILITY (Section I -- Coverages): This insurance does not apply to 'bodily injury," 'property damage," "personal injury,' or "advertising injury" arising out of the rendering of or failure to render any professional services by you or performing work on your behalf in such capacity. Professional services include: The preparing, approving, or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities. REAMmvge dDi ilm .t WAEV%ED&AP MM By Risk Management Specialist CG 22 43 01 96 Copyright, Insurance Services Office, Inc., 1994 Pyramid Group International Inc. Endorsement Number: 8 Exclusion —Access or Disclosure of Confidential or Personal Information and Data -Related Liability — Limited Bodily Injury Exception Not Included This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY A. Exclusion 2.p. of SECTION I — COVERAGES - 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 patens, 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. 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 — COVERAGES —COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information, CG 21 07 05 14 © Insurance Services Office, Inc., 2013 xiell Mnnagnne,t Drvieian REmEV/ED 6 APPROVED By: A4,1? A� Risk Management Spe.M.t 01 Page 1 o Pyramid Group International Inc. "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 2107 0514 © Insurance Services Office, Inc., 2013 RideMnugarrenElxWelan Ren�D & APPRovED BY: Risk Management Speoalist rage 2 or 2 Pyramid Group International Inc. Endorsement Number: 9 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") 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 website — 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. Admiral Insurance Company Copyright, Insurance Services, Inc., 2004 Rialt ManaganadDwIan REVIEWED&APPROVED BY: A+g a Aawado Risk Management Sped Msl PN-0001 00107 Pyramid Group International Inc. Endorsement Number: 10 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. 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 the Company from providing insurance, including, but not limited to, the payment of claims. All other terms and conditions of policy remain unchanged. WdeMougmsentDWim al s.,.es.,` REVIEWED S APPROVED By. Risk Managemen[Speazlist PN-0002-1215 © 2018, Freberg Environmental, Inc. Page 1 of 1 Pyramid Group International Inc. Endorsement Number: 11 Virus or Bacteria Exclusion Endorsement This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): COMMERCIAL GENERAL LIABILITY SECTION- I COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE, 2. Exclusions, is amended by the addition of the following exclusion: q. Virus or Bacteria (1) Any damages for "bodily injury" or "property damage" caused by, resulting from, or relating to any virus, bacterium, or other microorganism that causes disease, illness, or physical distress or that is capable of causing disease, illness, or physical distress. This exclusion applies to, but is not limited to damages for "bodily injury' or "property damage" as a result of: a. any contamination by any virus, bacterium, or other microorganism; or b. any denial of access to property because of any virus, bacterium, or other microorganism. (2) This exclusion set forth herein supersedes the "terms" of any other exclusions referring to "pollution" or to contamination with respect to any damages for bodily injury or property damage caused by, resulting from, or relating to any virus, bacterium, or other microorganism that causes disease, illness, or physical distress or that is capable of causing disease, illness, or physical distress. SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions, is amended by the addition of the following exclusion: p. Virus or Bacteria (1) Any damages for "personal and advertising injury' caused by, resulting from, or relating to any virus, bacterium, or other microorganism that causes disease, illness, or physical distress that is capable of causing disease, illness, or physical distress. This exclusion applies to, but is not limited to damages for "personal and advertising injury" as a result of: a. any contamination by any virus, bacterium, or other microorganism; or b. any denial of access to property because of any virus, bacterium, or other microorganism. (2) This exclusion set forth herein supersedes the "terms" of any other a Risk M.ag...tDW1mt to "pollution", "pollution -related" or to contamination with respect to any d /�■ �, REvi os APPRovED By. personal and advertising injury caused by, resulting from, or relating to ai s�it11-� �' A+y:a Actvda IWIMM' Risk Management SpedAbt ECC-586-0520 © 2018, Freberg Environmental, Inc. OF Flage 1 o Pyramid Group International Inc. or other microorganism that causes disease, illness, or physical distress or that is capable of causing disease, illness, or physical distress. All other terms and conditions under the Policy remain unchanged. ECC-586-0520 © 2018, Freberg Environmental, Inc. 1. RWtMaugemnttD'aisian AT Xku Ad44:a �' Rtsk Management Specialist rage 2 of 2 Pyramid Group International Inc. Endorsement Number: 12 Virus or Bacteria Exclusion Endorsement This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): CONTRACTORS POLLUTION LIABILITY Section V. EXCLUSIONS is amended by the addition of the following exclusion: VIRUS OR BACTERIA 1. Any Damages or Claims Expense(s) caused by, resulting from, or relating to any virus, bacterium, or other microorganism that causes disease, illness, or physical distress or that is capable of causing disease, illness, or physical distress. This exclusion applies to, but is not limited to Damages or Claims Expense(s) as a result of: a. any contamination by any virus, bacterium, or other microorganism; or b. any denial of access to property because of any virus, bacterium, or other microorganism. 2. This exclusion set forth herein supersedes the terms of any other exclusions referring to contamination with respect to any Damages or Claims Expense(s) caused by, resulting from, or relating to any virus, bacterium, or other microorganism that causes disease, illness, or physical distress or that is capable of causing disease, illness, or physical distress. All other terms and conditions under the Policy remain unchanged. REVIEWED 6 APPRmm 8y., A,.t "44 Risk Management Speaelist ECC-587-0520 © 2018, Freberg Environmental, Inc. Pyramid Group International Inc. Endorsement Number: 13 Virus or Bacteria Exclusion Endorsement This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): PROFESSIONAL LIABILITY Section VI. EXCLUSIONS is amended by the addition of the following exclusion: VIRUS OR BACTERIA 1. Any Damages or Claims Expense(s) caused by, resulting from, or relating to any virus, bacterium, or other microorganism that causes disease, illness, or physical distress or that is capable of causing disease, illness, or physical distress. This exclusion applies to, but is not limited to Damages or Claims Expense(s) as a result of: a. any contamination by any virus, bacterium, or other microorganism; or b. any denial of access to property because of any virus, bacterium, or other microorganism. 2. This exclusion set forth herein supersedes the terms of any other exclusions referring to contamination with respect to any Damages or Claims Expense(s) caused by, resulting from, or relating to any virus, bacterium, or other microorganism that causes disease, illness, or physical distress or that is capable of causing disease, illness, or physical distress. All other terms and conditions under the Policy remain unchanged. . max. — NEVIEWEa6APPitaJ Sr '4�19—m Uk Management Specialist ECC-588-0520 © 2018, Freberg Environmental, Inc. Pyramid Group International Inc. Endorsement Number: 14 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name Of Additional Of Covered Any person(s) or organization(s) whom the Named Those project locations where this Insured agrees, in a written contract, to name as an endorsement is required by additional insured. However, this status exists only for contract. the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section If - 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: 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 contractor 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 insuir-- CG 20 10 04 13 REMw &APPRavm By. Xj, Acwalo Risk Management Specialist All rights reserved. Pyramid Group International Inc. 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. 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. CG 20 10 04 13 U isu rropemes, me., All rights reserved. m„ RiekMwagvnvd Diudm REVIEWED S A"Ravm By: ��Risk Management Spedalist Pyramid Group International Inc. Endorsement Number: 15 SERVICE OF SUIT - California This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Pursuant to any statute of any state, territory or district of the United States which makes provision therefore, the Company hereby designates the Superintendent, Commissioner or Director of Insurance or other Officer specified for that purpose in the Statute, or his successor or successors in office, as its true and lawful attorney upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of you or any beneficiary hereunder arising out of this contract of insurance, and hereby designates the below named as the person to whom the said Officer is authorized to mail such process or a true copy thereof. The Company may be sued upon any cause of action arising in the State of California upon any policy issued by it, or any evidence of insurance issued or delivered by a surplus lines broker, pursuant to the procedures of Sections 1610 to 1620 of the Insurance Code. Nothing herein shall constitute a selection or designation of forum, or a waiver of any of our rights to select a forum or court, including any of the federal courts of the United States. This includes any right to commence an action in or remove or transfer an action to the United States District Court or any other court of competent jurisdiction, as permitted by law. It is further agreed that service of process in such suit may be made upon Vivian Imperial, in care of CT Corporation System, 818 West Seventh St., Suite 930, Los Angeles, CA 90017 and that in any suit instituted against the Company upon this policy, it will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. All other terms and conditions under the Policy remain unchanged. ECC-1329-0621 © 2018, Freberg Environmental, Inc. ,f R=xmltMoncgarmdDivislnn '. D fv APPRW®BY: q�p Am,wo Ruk Management Spedalis[OF +- raye i of i Pyramid Group International Inc. Endorsement Number: 16 MOLD DEDUCTIBLE ENDORSEMENT This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Applied this endorsement modifies coverage provided under the following coverage part(s): COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY PROFESSIONAL LIABILITY Deductible: $5,000 In consideration of the premium charged, and notwithstanding anything contained in this Policy to the contrary, it is hereby agreed that such coverage as is afforded by this Policy shall be subject to a deductible shown above applicable to each Claim arising directly or indirectly out of, or in concurrence with any actual, alleged or threatened existence, growth, spread, proliferation, discharge, dispersal, seepage, release or escape of any form of fungus, including mold or mildew, and any mycotoxins, spores, scents or byproducts produced or released by fungi. It is further agreed that all expenses and costs described under Section III. SUPPLEMENTARY COVERAGES AND PAYMENTS shall be subject to the deductible to the extent that such expenses and costs pertain to coverage afforded under this endorsement. All other terms and conditions under the Policy remain unchanged. R6kM¢na onerdDivision rtenEvrm 6 APPROVm BY: t " A ,p A,&44 �Iowa' Rhk Management Spedzlist01 ECC-1547-0118 © 2018, Freberg Environmental, Inc. Page 1 o Pyramid Group International Inc. Endorsement Number: 17 Hired and Non -Owned Auto Liability Coverage Endorsement This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY It is hereby agreed that insurance is provided only with respect to those coverages for which a specific Sub -Limit of Insurance is shown: SUB -LIMIT OF INSURANCE SCHEDULE Coverage Sub -Limits of Insurance Hired Auto Liability and Non -Owned Auto $1,000,000 Each Occurrence Sub -Limit Insurance Hired Auto Liability and Non -Owned Auto $1,000,000 Aggregate Sub -Limit (included Insurance in General Aggregate Policy) A. HIRED AUTO LIABILITY The insurance provided under this policy applies to "bodily injury" or "property damage" arising out of the maintenance or use of a "hired auto' by you or your "employees" in the course of your business. B. NON -OWNED AUTO LIABILITY The insurance provided under this policy applies to "bodily injury' or "property damage' arising out of the use of a "non -owned auto' by any person other than you in the course of your business. C. CHANGES IN EXCLUSIONS Solely with respect to the insurance provided by this endorsement: a. SECTION I — COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is amended by the deletion of the following Exclusion items: (c.) Liquor Liability; (e.) Employer's Liability; (g.) Aircraft, Auto or Watercraft; (h.) Mobile Equipment; (i.) War; Q.) Damage To Property; (k.) Damage To Your Product;( m.) Damage To Impaired Property Or Property Not Physically Injured; (n.) Recall Of Products, Work Or Impaired Property; and (o.) Personal And Advarti-inn Iniurv_ b. SECTION I — COVERAGES, COVERAGE A - BODILY INJURY Al� DAMAGE LIABILITY, 2. Exclusions is amended by the addition of exclusions: mk Mwwga LNMM A-44 &4A4 Risk Management SpeaAst ECC-353-0217 © 2018, Freberg Environmental, Inc. Pyramid Group International Inc. i. "Bodily injury": a) To an "employee' of the insured arising out of and in the course of employment by the insured; or b) To the spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion shall apply: a) Whether the insured maybe liable as an employer or in any other capacity; b) To any obligation to share damages with or repay someone else who must pay damages because of injury; or c) To any liability assumed by the insured under an "insured contract". This exclusion shall not apply to: a) "Bodily injury' to "domestic employees' not entitled to worker's compensation benefits. it. "Property damage": a) To any vehicle rented or hired under a written rental contract or agreement; or b) To property owned or transported by, or rented to or loaned to the insured or in the insured's care, custody or control. D. SECTION II — WHO IS AN INSURED is deleted in its entirety with respect to coverage afforded by this endorsement and replaced by the following: Each of the following is an insured under this insurance to the extent set forth below: a. You; b. Any other person using a "hired auto" with your permission in the course of your business; c. With respect to a "non -owned auto", any partner or "executive officer" of yours, or any employee of yours but only while such "non -owned auto" is being used in your business and only if the "non -owned auto" is not operated by you; or d. 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. None of the following is an insured under this insurance: a. b. Any partner or "executive officer" with respect to an "auto" ownec "executive officer' or a member of their household; Any person engaged in the business of his or her employer with respect to "bodily injury" to any co"employee" of such person injured in the course of employment, or to the spouse, child parent, brother or sister of that co -"employee" as a consequence of such "bodily injury", or for any obligation so share "damages" with or repay someone else who must pay "damages" because of the injury; RMeMmugonaSDitieton RWEVM&Arvxw®ar. �w Ruk Management Spedeint ECC-353-0217 ©2018, Freberg Environmental, Inc. rdyt: 4 ut 0 Pyramid Group International Inc. c. 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; d. The owner or lessee, of whom you area sublessee, of a "hired auto' or the owner or lessee of a "non -owned auto" or any agent or "employee" of any such owner or lessee; e. Any person or organization with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. E. DEFINITIONS: The following additional definitions apply to coverage provided by this endorsement: 1. "Auto business" means the business or occupation of selling, repairing, servicing, storing or parking "autos". 2. "Domestic employees" are persons engaged in household or domestic work performed principally in connection with a residence premises. 3. "Hired auto' means any "auto" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, or rent under a lease or rental agreement for a period of 180 days or more or any "auto' you lease, hire, rent or borrow from any of your "employees', your partners or your "executive officers", or members of their households. 4. "Non -owned auto' means any "auto' you do not own, lease, hire, rent or borrow which is used in connection with your business. This includes "autos" owned by your "employees", your partners or your "executive officers, or members of their households, but only while used in your business. F. LIMITS The Sub -limits of Insurance shown in the Schedule above shall be the most we will pay regardless of the number of "hired autos", "non -owned autos", insureds, "claims" made, or "suits" brought, or persons or organizations making "claims' or "suits'. The Each Occurrence Sub -Limit and the Aggregate Sub -Limit shown in the Schedule above are subject to and not in addition to the General Aggregate Limit shown in the Declarations, and any payments made under either such limit are part of and shall erode the General Aggregate Limit of Insurance shown in the Declarations. The Aggregate Limit indicated in the Schedule shown above, subject to the Each Occurrence Limit indicated in the Schedule shown above, is the most we will pay as "damages' for "bodily injury" or "property damage" sustained regardless of how many persons assert claims or "suits" against you. G. CHANGES IN CONDITIONS The insurance provided by this endorsement is excess over any of the other insurance covering the "hired auto' or "non -owned auto', whether primary, excess, contingent or on any other basis, that applies to "bodily injury" or "property damage" arising out of the use or m "hired auto" or "non -owned auto". PJakMvwg menLDMsWn Rene�o & AvaRmm By: Ate.. Auouto Risk Management Specialist ECC-353-0217 © 2018, Freberg Environmental, Inc. Pyramid Group International Inc. Endorsement Number: 18 Medical Monitoring Costs Endorsement This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is hereby understood and agreed that the Contractors Pollution Liability Coverage Part, 11. DEFINITIONS, Bodily Injury definition is amended as follows: Bodily Injury — The term Bodily Injury means, sickness, disease, mental anguish or shock sustained by any person, including death resulting there from (also including any prospective medical monitoring costs that are intended to confirm any such sickness, disease, mental anguish or shock) caused by a pollution condition arising out of the performance by any insured of operations covered by this policy. RbskMwdgetroaorommn '^ RwEwEo 6 APPROVED Or. R6k Management Spedkist ECC-407-0712 © 2018, Freberg Environmental, Inc. Page 1 of 1 Pyramid Group International Inc. Endorsement Number: 19 Non -Owned Disposal Site Liability Endorsement This endorsement, effective 03/2212024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Applied, it is hereby understood and agreed that the following is endorsed to this policy: Scheduled Non -Owned Disposal Site(s) Any location that: • accepts the insured's wastes or recyclable materials, and • is properly permitted by applicable federal, state or local regulatory agency(ies) to accept the insured's wastes; and • is not listed on the CERCLA information system ("CERCLIS") as defined by 40 CFR Part 300.5 of the Code of Federal Regulations or any equivalent state or local program(s) Sub -Limit of Insurance: $1,000,000 Each Claim $1,000,000 Aggregate Limit $5,000 Self -Insured Retention Retroactive Date: 03/22/2021 COVERAGE AND DEFENSE The Company shall pay on behalf of the insured those damages for bodily injury and property damage in excess of the self -insured retention that the insured becomes legally obligated to pay: A. if such damages result in a pollution condition at any scheduled non — owned disposal site while the insured (or those subcontractors in privity of contract with the insured) are performing contracting or remediation operations anywhere in the world; and B. if disposal of "waste" material resulting from the insureds operation occurred subsequent to the retroactive date specified in this endorsement; and C. if claim for such damages is first made against the insured during this policy period; and RwEwED 6 NpRavm er. A+ fe Auw.to Risk Management Spedalist ECC-569E-0712 ©2018, Freberg Environmental, Inc. A E. Le I. J. Pyramid Group International Inc. if such claim is reported in writing directly to the Company and such reporting is received by the Company as soon as practicable, but not later than sixty (60) days immediately subsequent to the end of this policy period; and if on the effective date of this policy, the insured had no knowledge of circumstances which could reasonably be expected to give rise to a claim; and If no other insurance affords coverage for such claim, including any self -insured retention thereof. If other insurance that affords coverage for such claim does exist, the Company will have no obligation for damages or claims expense under this policy The Company shall have both the right and duty to provide for the defense of the insured with respect to a claim made against the insured in the COVERAGE TERRITORY, falling under the purview of all of the foregoing requirements. The Company shall also have the exclusive right to investigate such claim, to designate and appoint all legal counsel to defend the insured and to otherwise control the defense thereof. If a claim is made against the insured such as is described in the immediate foregoing, other than in the COVERAGE TERRITORY, the Company shall have the right, but not the duty, to provide for the defense of such claim. If the Company elects not to provide for the defense of such claim, the insured, under the supervision of the Company, shall have the duty to make or cause to be made such investigation and defense as are necessary and, subject to prior authorization by the Company, effectuate settlement. In such eventuality, the Company shall indemnify the insured for claims expense incurred and damages paid in excess of the self -insured retention. The Company shall have the exclusive right hereunder to negotiate and effectuate the settlement of all claims, as it deems expedient, whether under or in excess of the self -insured retention, but it shall not commit the insured to any settlement without the insured's consent. If, however, the insured refuses to consent to a settlement recommended by the Company and elects to contest such claim or continue legal proceedings in connection therewith, the Company's liability shall be limited to the sum of the amount for which the claim could have been settled and all claims expense incurred up to the time of such refusal, which is in excess of the self -insured retention. The Company's duty to provide for the defense of the insured or to indemnify the insured, shall immediately terminate: if the limits of insurance of this endorsement become exhausted by payment of damages or claims expense or any combination thereof; or if the insured fails to fulfill its self -insured retention obligation as imposed by item V. SELF -INSURED RETENTION; or if the application attached hereto and made a part of this policy, ir'd-di- ^^ addendum or addenda thereto, contains any material misreprese Phhmgenadumd. REVIE &Appwvm Br. if any warranty contained in such application is breached; or ' A,.?g Aaav44 Risk Management Specs ist ECC-5696-0712 © 2018, Freberg Environmental, Inc. Pyramid Group International Inc. K. if the insured is in violation of any CONDITIONS PRECEDENT TO COVERAGE. II. DEFINITIONS A. The term automobile means a land motor vehicle, trailer or semi -trailer designed for travel on public roads including any machinery or apparatus attached thereto. B. The term bodily injury means physical injury, sickness or disease, mental anguish or emotional distress when accompanied by physical injury, sustained by any person, including death resulting therefrom. C. The term claim means an oral or written notice to the Named Insured from any party intending to hold an insured responsible for damages arising out of a pollution condition. D. The term claims expense means all costs, charges and expenses resulting from the adjustment, appraisal, investigation, defense, settlement, arbitration or appeal of any claim, if such costs, charges and expenses are incurred by the Company, an attorney designated by the Company, or by the insured with the written consent of the Company; except that it shall not include the costs of investigating or administering any claim by employees of the Company or loss of earnings incurred by the insured in investigating, defending, settling, arbitrating or appealing any claim at the Company's direction. E. The term damages means a judgment, award or settlement monetarily compensating a claimant, excepting fines or penalties, punitive or exemplary compensation, judgments that have been multiplied in an amount as may be imposed pursuant to a statute or otherwise, or compensation forgiven, reduced in amount or otherwise compromised by the insured. F. The term insured shall mean: 1. the named insured; and 2. a director or officer of the named insured, but only while acting in their respective capacity as such; and 3. an employee of the named insured, but only with respect to services performed or failed to have been performed on behalf of the named insured in the employee's capacity as such; and 4. a former director, officer or employee of the named insured, but only with respect to services performed or failed to have been performed on behalf of the named insured prior to the termination of that respective capacity; and 5. the current spouse of any current owner, director or officer of the named insured; and 6. the heirs, executors, administrators, and legal representatives of each insured in the event of death, incapacity or bankruptcy, but solely with respect to the liability of each insured as otherwise coven and n� mnageman utvieen REmEwm & APPROVED BY. A i-u A wa. Rhk Management Spedalist ECC-569E-0712 © 2018, Freberg Environmental, Inc. IV Pyramid Group International Inc. 7. a limited liability company, if the named insured or any other insured exists as such, along with all past and present members of any such limited liability company, but only with respect to professional services performed or failed to have been performed on behalf of the named insured. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a named insured in the Declarations. G. The term named insured means the proprietor, partners or organization specified in the Declarations. H. The term policy period means the period set forth in the Declarations, or any shorter period arising as a result of termination or cancellation. I. The term policy year means the separate annual year period whenever the policy period set forth in the Declarations is either for a two or three year time period. J. The term pollution condition means the discharge, dispersal, release or escape of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste materials or other irritants, contaminants or pollutants into or upon land, the atmosphere or any watercourse or body of water. A continuous, related, repeated, or similar series of discharges, dispersals, releases, or escapes of pollutants at or from a site shall constitute a single pollution condition. • Related pollution conditions are those pollution conditions that arise out of, are based on, relate to or are in consequence of, the same facts, circumstances or situations. K. The term property damage means: 1. physical injury to or destruction of tangible property including the resulting loss of use thereof; 2. clean up costs; and 3. Loss of use of tangible property that has not been physically injured or destroyed. L. The term waste means any discarded materials of any kind, including those materials to be recycled, reconditioned or reclaimed or disposed of. COVERAGE TERRITORY This endorsement only applies to claims made or brought in the United States of America (including its territories and possessions), Puerto Rico and Canada. LIMITS OF INSURANCE Regardless of the number of claims or claimants, the Company's maximum liability hereunder shall not exceed the amounts stated in the Limits of Insurance specified in this endorsement for damages or claims expense or any combination thereof "^^ "^ "^ ^•^ nw«n+mtoaskm RFntwEo^�6AFFRwm By., ARM Risk Man Bement Sproalist 01 specified in this endorsement, the maximum Limits of Liability will not exc ECC-569E-0712 © 2018, Freberg Environmental, Inc. V VI. Pyramid Group International Inc. specified in the Declarations. All benefits paid hereunder by the Company whether as damages or claims expense shall serve to reduce such amounts. The Limits of Insurance 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. SELF -INSURED RETENTION The Company's obligation hereunder to pay or indemnify the insured with respect to damages, claims expense or any combination thereof, relative to each claim, shall only be in excess of the amount specified in this endorsement. For the purpose of applying the self -insured retention, one or more claims arising from one pollution condition shall be considered a single claim. EXCLUSIONS. This insurance does not apply to damages, claims or claims expense based upon or arising out of: A. a claim seeking non -pecuniary relief; or B. fraud, dishonesty or bad faith of an insured; or C. fines, assessments, penalties, punitive, exemplary or treble damages; or D. any consequence, whether direct or indirect, of war, invasion, act of foreign enemy, hostilities (whether war be declared or not). civil war, rebellion, revolution, insurrection or military or usurped power, strike, riot or civil commotion; or E. arising from injury to any employee or an insured if such injury occurs during and in the course of said employment; or F. seeking injunctive or equitable relief; including any costs incurred by an insured in complying with such injunctive or equitable relief; or G. liability of others assumed by the insured under any contract or agreement other than liability that would have attached to the insured in the absence of such contract or agreement; or H. bodily injury to: 1. an employee, director, officer or partner of the insured arising out of and in the course of employment by the insured; or 2. the spouse, child, parent, brother or sister of that employee, director, officer or partner as a consequence of a. above; or I. the ownership, maintenance, use, operation, loading or unloading of any automobile, aircraft, watercraft or rolling stock; or J. goods or products manufactured, sold, or distributed by the inuu trading under the insured's name including any contractor thereol upon a representation of warranty made at any time with respect ECC-56913-0712 © 2018, Freberg Environmental, Inc. RiekMVW9MedDMsian A RwEvtm&APPRCNm ar. s Xju Aa"4 Risk Management Spedalist ➢ or 4-010M Pyramid Group International Inc. the bodily injury or property damage occurs away from premises owned, operated or leased to the insured or after physical possession of such has been relinquished to others; or K. a pollution condition; based upon or attributable to the insured's intentional, willful or deliberate non-compliance with any statute, regulation, ordinance, administrative complaint, notice of violation, notice letter, executive or judicial order, or instruction of any governmental agency or body; or L. a pollution condition existing prior to the inception of the policy, if the insured knew or could have reasonably foreseen that such pollution condition could have been expected to give rise to a claim; or M. any claim of any kind or nature by any past or present insured against any other past or present insured; or N. any claim made by or on behalf of any business enterprise not shown on the Declarations: which is, was, or will be owned in whole or in part by any past or present insured; or 2. which owned in whole or in part at any time the named insured. RIA Mmugemmt DW[m Rewwm 6 APPRW® BY: A+ e Acw44 �Room' Ruk Management Speakist ECC-569E-0712 © 2018, Freberg Environmental, Inc. Pyramid Group International Inc. Endorsement Number: 20 Additional Insured — Owners, Lessees or Contractors — Completed Operations This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person(s) or organization(s) whom the Named Insured Those project locations where this agrees, in a written contract, to name as an additional endorsement is required by contract. insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" 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 Dacia RwEWED AD8r 14�mww Risk Management Speoalist All riahts reserved. Pyramid Group International Inc. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 37 04 13 © ISO Properties, Inc.,: All riahts reserved. RukMawgematt DMeian RENEwED & APPROVED By., A4f, &w4:o RM Management Spea4W Pyramid Group International Inc. Endorsement Number: 21 Transportation Pollution Liability ("TPL") Coverage Endorsement This endorsement, effective 03122/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Aaolied, this endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY It is agreed that SECTION V. EXCLUSIONS, Exclusion E. is deleted in its entirety and replaced with the following: E. Any claim which arises from, or is related to, any collision or accident, involving an auto, aircraft, watercraft or vehicle of any kind or type. However, this exclusion does not apply to any collision or accident that: Occurs within the boundaries of a jobsite where the Insured is performing or has performed contracting or remediation operations; or 2. Commences during the transportation of any waste, cargo or other products or materials beyond the boundaries of the jobsite by a covered auto or carrier, and a. Results in a pollution condition during transportation; and b. Commences on or after the retroactive date of this policy, if applicable. However, no coverage is provided for the misdelivery of any waste, cargo, materials or products into the wrong receptacle or to a wrong address or for the erroneous delivery of a liquid product by an auto, aircraft, watercraft or vehicle of any kind or type. The following definitions are added to the policy: II. DEFINITIONS A. Auto means a land motor vehicle, trailer, or semi -trailer designed for travel on public roads, including any attached machinery or equipment. B. Carrier means a person or an entity, other than the Insured or any subsidiary or affiliated company of the Insured, engaged by the Insured or on behalf of the Insured in the business of transporting property for hire by an auto, aircraft, watercraft or vehicle of any kind. C. Covered Auto means any of the following: 1. Owned Autos only. Only those autos the Insured owns (and any trailers the insured does not own while connected to a power unit the Insured owns.) This includes those autos the Insured acquires ownership of after the policy begins. 2. Hired Autos only. Only those autos the Insured leases, hires, rents o Y Y ��� Rwewm&APPRwm Sr. does not include any private passenger type auto the Insured leases, hin 'dldTl l# I) A, Ac"44 from the Insured, any of its employees, partners or agents. Risk Management SpeoNist ECC-454-1016 © 2018, Freberg Environmental, Inc. Pyramid Group International Inc. 3. Non -owned Autos only. Only those autos the Insured does not own, lease, hire, rent or borrow that are used in connection with the Insured's business. This includes autos owned by employees or partners or members of their households, but only while used in the Insured's business. D. Cargo means materials, products or waste carried or delivered on or within a covered auto. E. Transportation means the movement of any waste, cargo or other products or materials beyond the boundaries of the jobsite by a covered auto or carrier, and includes the loading or unloading of such waste, cargo or other products or materials. F. Transported cargo means cargo after it is moved from the place where it is accepted by the Insured for movement into or onto the covered auto, until the cargo is moved from the covered auto to the place where it is finally delivered by the Insured. Transported cargo also includes cargo during the loading or unloading to or from a covered auto, provided that the loading or unloading is performed by the insured. Transported cargo does not include cargo at rest for a period of longer than seventy-two (72) hours, after it has been accepted by or on behalf of the Insured for movement into or onto a covered auto but before it reaches the place of final delivery. G. Misdelivery means the delivery of any cargo into the wrong receptacle or to the wrong address, or the delivery of one type of cargo in error for another. All other terms and condition under the Policy remain unchanged. ECC-454-1016 © 2018, Freberg Environmental, Inc. Risk MwwgenmdlMvkm Rentwm6APPRMEDBr. 1( w•d�t �Yc. il„ A„ju &W- Risk Management Spedalin age 2 o Pyramid Group International Inc. Endorsement Number: 22 CLAIM NOTICE THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. In the event of any Claim received or Circumstance under the Policy as provided in Section Vill. CONDITIONS, Paragraph N. Notice of Circumstance and Claims, please give notice in accordance with the terms and conditions of the Policy in any of the following ways, to: Claims Berkley Custom Insurance Managers Metro Center One Station Place — 6th Floor Stamford, CT 06902 Or: Fax:855-999-0797 Or: Toll Free: 855-597-7616 Or: feiclaims()berkleycustom.com E-mail is the preferred method of receiving notice information. Any of the above methods of notification will generate a receipt. All other terms and conditions of the Policy, including, but not limited to the other provisions of Section Vlll. CONDITIONS, Paragraph N apply. ECC-1322-0821 © 2018, Freberg Environmental, Inc. gmkManagemartDMv REVIEWED & APPROVED BY: _ Al-f:4 &1+4MEOW Rnk Management Sped Mist =: 01 rage l of I Pyramid Group International Inc. Endorsement Number: 23 Amendment — Limits of Insurance (Amended Limits for Specified Coverage Parts) This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY PROFESSIONAL LIABILITY PRFMIUM SCHEDULE: Additional Premium: $Applied Policy Rate: Policy Gross Receipts: LIMITS OF INSURANCE: Regardless of the number of Coverage Parts written under this policy or applicable to any one occurrence or claim, the Limits of Insurance shown below apply once for the entire policy, and not separately for each Coverage Part. The amended Limits in this endorsement do not increase or change the Limits shown on the Coverage Part Declarations for Coverage Parts not indicated by an "X" above. to Contractors Pollution Liability: Damages Limit for Each Occurrence, Claim or Pollution Condition General Aggregate Limit Claims Expense Limit for Each Claim Claims Expense Aggregate Limit to Professional Liability: $0 Damages Limit for Each Occurrence, Wrongful Act or Claim $0 General Aggregate Limit $0 Claims Expense Limit for Each Claim $0 Claims Expense Aggregate Limit Applicable to Commercial General Liability: $4,000,000 General Aggregate Limit (Other Than Products -Completed Operations) $4,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $2,000,000 Damages Limit for Each Occurrence or Claim $50,000 Fire Damage Limit (Any one Fire) R i non Medical Expense Limit (Anv One Person) RETROACTIVE DATE FOR THE ABOVE LISTED LIMITS: N/A RenEwmsnvrew®er Risk Management Speaallst ECC-522E-0712 © 2012, Freberg Environmental, Inc. Pyramid Group International Inc. Endorsement Number: 24 Waiver of Subrogation Endorsement This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Aoolied, this endorsement modifies insurance provided under the following: PROFESSIONAL LIABILITY SCHEDULE Name of Person or Organization: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. xa<tn�gg„�tuwawt ;`%, I�VIE &APWiavmft 6�li� /1 Ai ju Aur.4 �� Risk Management Spetlal6t ECC-570-0712 © 2012, Freberg Environmental, Inc. Pyramid Group International Inc. Endorsement Number: 25 Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Aoolied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name and Address of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations City of Santa Ana Those project locations where this 20 Civic Center Plaza endorsement is required by written Santa Ana, CA 92701 contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "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 the required by the contract or agreement to provide for such additional insw CG 20 10 04 13 © ISO Properties, Inc., 2004 All rights reserved. R1skMvugemadDMsiun afY �pi�`�, F!EmEwm&APPRwMBv: Risk Management Specialist Pyramid Group International Inc. 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 fumished 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. 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. CG 20 10 04 13 RE,AEwm 6 APPRUJm Or. A+gce Ariwln Risk Management Spedatist All rights reserved. Pyramid Group International Inc. Endorsement Number: 26 Additional Insured - Owners, Lessees or Contractors - Completed Operations This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Agplied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name and Address Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of Santa Ana Those project locations where this 20 Civic Center Plaza endorsement is required by written Santa Ana, CA 92701 contract. Information required to complete this Schedule, I 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 CG 20 37 04 13 © ISO Properties, Inc., 2004 All rights reserved. Rhk M»ugonent oivieirtn RMAMED 6 Arrawm er. Risk Management Specialist Pyramid Group International Inc. 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. CG20370413 O Properties, Inc.,2004 All rights reserved. xwt nt,��nw oi>,�n REVIEWED & APPRO BY ® Risk Management Speaalist Pyramid Group International Inc. Endorsement Number: 27 Exclusion — Violation of Statutes That Govern E-Mails, Fax, Phone Calls or Other Methods of Sending Material or Information This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY A. The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: DISTRIBUTION OF MATERIAL IN VIOLATION OF STATUTES 'Bodily injury' or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN_SPAM Act of 2003, including any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN- SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. B. The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: 2. Exclusions This insurance does not apply to: DISTRIBUTION OF MATERIAL IN VIOLATION OF STATUTES "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TC- - -- Act of 2003, that prohibits or limits the sending, transr R"I° wdDMdm- �� REMIEWM&AP ROVDaY: communicating or distribution of material or informatic q Ruk Management SpeaAist CG 00 67 03 05 © ISO Properties, Inc., 2004 Pyramid Group International Inc. All other terms and conditions under the Policy remain unchanged. RwEWID/fi, APPR/O�V®BY. Risk Management Spedaint CG 00 67 03 05 © ISO Properties, Inc., 2004 Pyramid Group International Inc. Endorsement Number: 28 Automatic Primary and Non -Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 03/22/2024, attaches to and forms a part of Policy Number FEI-ECC-28399-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Coverage Part(s) indicated below: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY PROFESSIONAL LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of $Applied, and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. ECC-548-0317 © 2018, Freberg Environmental, Inc. Risk Management Division REVIEWED 6 APPRQJ® BY: Aqu Auv44 Risk Management Speaaiist SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY SANTA ANA ,CA 92701 20 CIVIC CENTER PLAZA,M-11 ATT: PUBLIC WORKS AGENCY , SUZANNE FURJANIC CITY OF SANTA ANA ADDITIONAL INSURED This Certificate of Insurance names: City, its City Council, officers, employees, agents and volunteers are named as additional insureds. Primary/Non-Contributory Endorsement form must be provided in addition to the Certificate of Insurance for General Liability included and it will follow upon the issuance of the policy. 1,000,000Claim Expense 2,000,000Aggregate 2,000,000Occurrence 3/22/20263/22/2025FEI-ECC-28399-04xXPROFESSIONAL LIABILITYA 2,000,000 2,000,000 1,000,000 5,000 50,000 1,000,000 3/22/20263/22/2025FEI-ECC-28399-04xXA 24856ADMIRAL INSURANCE COMPANY Laguna Hills, CA 92653 25771 Rapid Falls Road Pyramid Group International, Inc. kato@dawoodinsurance.com (714)842-9791(949)417-0204 KATO DAWOOD Huntington Beach, CA 92648 18800 Delaware St #304 DAWOOD INSURANCE AGENCY 4/4/2025 April 4 2025 City of Santa Ana Attention: Marlene Alcaraz 20 Civic Center Plaza M-93 Santa Ana, CA 92701 Re: Auto Insurance and Worker’s Comp Requirements To Whom It May Concern: Pyramid Group International, Inc. or PGI, has intent to enter into an agreement with the City of Santa Ana. Throughout the course of this agreement, Pyramid Group International, Inc. attests to the following: 1.Automobile Liability •Pyramid Group International, Inc. employees will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. •Pyramid Group International, Inc. employees will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract. •Pyramid Group International, Inc. consultants/independent contractors/ employees utilize their personal vehicles/non-company owned, borrowed, or rented/leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. 2.Worker’s Compensation •Pyramid Group International Inc. is aware of the requirement by the State of California and the Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. •I am the sole proprietor of Pyramid Group International Inc. and, as a business owner who doesn’t have employees working for me, I am not legally required to carry a workers’ comp policy, nor do I see a need to do so. If the situation changes, I will carry a workers’ comp policy of all employed by Pyramid Group International, Inc. By signing below, I, Najib Saadeh attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that Pyramid Group International, Inc. is not adhering to any/all statements in this document and has not provided the minimum Auto liability insurancecoverage or Employer’s Liability Insurance required by the City of Santa Ana and/or the State of California, the contract will be considered null and void and the company will be held fully liable for any and all damages. Najib Saadeh President Pyramid Group International, Inc. Direct: 949.280.4903 nsaadeh@pyramidgroupinternational.com Pyramid Group International Inc. ECC-319-0712 © 2018, Freberg Environmental, Inc. Page 1 of 1 Endorsement Number: 5 Automatic Additional Insured – Owners, Lessees or Contractors This endorsement, effective 03/22/2025, attaches to and forms a part of Policy Number FEI-ECC-28399-04. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person’s or organization’s vicarious liability arising out of your ongoing operations performed for that insured. Pyramid Group International Inc. ECC-320-0712 © 2018, Freberg Environmental, Inc. Page 1 of 1 Endorsement Number: 6 Automatic Waiver of Subrogation Endorsement This endorsement, effective 03/22/2025, attaches to and forms a part of Policy Number FEI-ECC-28399-04. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured’s work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. Pyramid Group International Inc. ECC-320-0712 © 2018, Freberg Environmental, Inc. Page 1 of 1 Endorsement Number: 6 Automatic Waiver of Subrogation Endorsement This endorsement, effective 03/22/2025, attaches to and forms a part of Policy Number FEI-ECC-28399-04. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured’s work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. Pyramid Group International Inc. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Endorsement Number: 12 ADDITIONAL INSURED –OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement, effective 03/22/2025, attaches to and forms a part of Policy Number FEI-ECC-28399-04. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations City of Santa Ana LWV&LW\&RXQFLORIILFHUVRIILFLDOV HPSOR\HHVDJHQWVDQGYROXQWHHUV &LW\RI6DQWD$QD &LYLF&HQWHU3OD]D6DQWD$QD&$ 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. Pyramid Group International Inc. ECC-570-0712 © 2012, Freberg Environmental, Inc. Page 1 of 1 Endorsement Number: 26 Waiver of Subrogation Endorsement This endorsement, effective 03/22/2025, attaches to and forms a part of Policy Number FEI-ECC-28399-04. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of $Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY PROFESSIONAL LIABILITY SCHEDULE Name of Person or Organization: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured’s work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. Pyramid Group International Inc. ECC-548-0317 © 2018, Freberg Environmental, Inc. Page 1 of 1 Endorsement Number: 27 Automatic Primary and Non-Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 03/22/2025, attaches to and forms a part of Policy Number FEI-ECC-28399-04. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Coverage Part(s) indicated below: CONTRACTORS POLLUTION LIABILITY COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of $Applied, and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non-contributory to this insurance. Pyramid Group International Inc. ECC-320-0712 © 2018, Freberg Environmental, Inc. Page 1 of 1 Endorsement Number: 6 Automatic Waiver of Subrogation Endorsement This endorsement, effective 03/22/2025, attaches to and forms a part of Policy Number FEI-ECC-28399-04. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies coverage provided under the following coverage part(s): COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY SCHEDULE Name of Person or Organization: Any person(s) or organization(s) to whom the Named Insured agrees, in a written contract, to provide a waiver of subrogation. However, this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured’s work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. Pyramid Group International Inc. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Endorsement Number: 14 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS BLANKET This endorsement, effective 03/22/2025, attaches to and forms a part of Policy Number FEI-ECC-28399-04. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. Those project locations where this endorsement is required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" 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; whichever is less. This endorsement shall not increase the applicable limits of insurance. Pyramid Group International Inc. CG 20 38 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Endorsement Number: 15 ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement, effective 03/22/2025, attaches to and forms a part of Policy Number FEI-ECC-28399-04. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY A. Section II – Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 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", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "property damage" occurring after: a. 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 Pyramid Group International Inc. CG 20 38 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 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 a principal 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: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance.