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HomeMy WebLinkAboutSUNNY HILLS ASSOCIATES, INC. (3) N-2026-072 05115-1202-b MAR Z 5 2026 S�5Qe%60rOSPe(0Z) AGREEMENT WITH SUNNY HILLS RESTORATION TO PROVIDE MOLD REMEDIATION SERVICES THIS AGREEMENT is made and entered into on this 18Tu day of March, 2026 by and between Sunny Hills Associates, Inc, a California corporation dba Sunny Hills Restoration,("Contractor"), 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 Contractor having special skill and knowledge in the field of mold remediation services for the men's and women's locker rooms at the Santa Ana Police Department. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. D. Pursuant to Santa Ana Municipal Code Section 2-807, the City's Purchasing Manager authorized an exemption for bidding of this project due to the immediate health and safety issues for City personnel. In addition, as the scope of work entails the maintenance, inspection, testing and repair of public buildings, as defined in SAMC Section 2- 748(b)(1),this Agreement is for a public works project and subject to the City Manager's authority. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES a. Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor,materials,tools,equipment,and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. b. Change Orders may be utilized to approve additional services and work solely to complete the remediation services detailed in Exhibit A. Any additional services, required for completion of the remediation, shall be at the sole discretion of, and provided in writing, by the City. Change orders shall be consistent with services provided by the Contractor as set forth on their website, www.sunnyhillsrestoration.com, as it may be amended from time to time. Change Orders will be drafted by the City, reviewed and approved by the Chief of Police and the City Manager for the City of Santa Ana,or their designee(s),for completion by the Page 1 of 8 Contractor. Each change order shall be governed by and subject to the terms and conditions of this Agreement. 2. COMPENSATION a. City agrees to pay,and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed$300,000. 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. City and. Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing;House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above through June 30, 2027, unless terminated earlier in accordance with Section 16,below. 4. PREVAILING WAGES Contractor 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, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harinless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, S. INDEPENDENT CONTRACTOR Contractor 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 Contractor performs the services which are the subject matter of this Agreement;however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services.Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be Page 2 of 8 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 Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents &. Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Insurance requirements are attached hereto as Exhibit B. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors,special counsel,and representatives from liability:(1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation,restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement, This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor 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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,recklessness, or willful misconduct of the Contractor. Page 3 of 8 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark,or copyright infringement,including costs,contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11, CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 paeans, 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 Contractor disclosed in a publicly available source; (e) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or Page 4 of 8 influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to,identification of all persons implicated and a complete description, of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections(b) and(c) above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color,creed,religion,sex,marital status, sexual. orientation, gender identity, gender expression, gender, medical conditions, genetic information,or military and veteran status, age,national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, 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 Contractor. 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 Contractor 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 Page 5 of 8 party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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 Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor 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 Contractor to deliver to the City all work product(s)completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach,failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder Page 6 of 8 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender, demand, delivery,or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or .mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana,CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza Santa Ana, California.92702 To Contractor: Sunny Hills Restoration 1999 S. Ritchey St. Santa Ana.,CA 92705 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) fours 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. 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 Page 7 of 8 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: CITY OF NTA ANA er L. H It Alvaro Nuiiez City Clerk City Manager FROVED AS TO FORM: SONIA R. CARVALH CONTRACTOR: City orney B AIV � Tama a Bogosian By: Octavio Castelan Senior Assistant City Attorney Title: Director of Operations RECOMMENDED FOR APPROVAL: I Robert Rodriguez Chief of Police w Page 8 of 8 EXHIBIT A SCOPE OF SERVICES/COSTS AND RATES CunnHllls Sunny Hills Restoration ftw � Hills Sunny Hills Restoration Gunny.Hills Sunny Hills Restoration unny�Hills gunny Hills Restoration ��°Y 1 Sunny Hills Restoration Cunny'Hill Sunny Hills Restoration 1>t_ ny Hills Sunny Hills Restoration unny Hills Sunny Hills Restoration ar �u.«.. vRH, iliS Sunny Hills Restoration C—unnyyHlll�s Sunny Hills Restoration EXHIBIT B INSURANCE REQUIREMENTS Insurance Regturements—Exhibit B Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • 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. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance,provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. • Workers' Compensation (WC): 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, per employee, per policy for bodily injury or disease. This requirement can be waived.if Contractor has no employees. • Pollution Legal Liability(PLL): With limits no less than$1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City, Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions: I. CGL and AL policies: City of Santa Ana,its City Council,its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts,equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3, All required insurance policies. For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Insurance Requirements—Exhibit B Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor'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. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended,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. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana,Attention.: Santa Ana Police Department, 60 Civic Center Plaza, M-97, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Contractor 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. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than.A:VII,unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish 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 Entity before work begins.However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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 or the beginning of work. 2. Insurance must be maintained and evidence of insurance roust be provided for at least three(3) 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, Contractor crust purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Insurance Requirements—Exhibit B Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. 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. ] ® DATE(MMIDDIYYYY) A�EIII CERTIFICATE OF LIABILITY INSURANCE 3/20/7026 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 NAME: Rachel Garciano Chrysalis Insurance Agency(Incorporated) PHONE (A1C,No):No E (714)464-$080 714 464-8070 3001 Red Hill Ave,Ste.2-226 ADDRESS: serviceCai,'instuedwell.com INSURER(S)AFFORDING COVERAGE NAIC R Costa Mesa CA 92626 INSURERA: ADMIRAL INS CO 24856 INSURED INSURER B: AMGUARD INS CO 42390 Sunny Hills Associates Inc.dlb/a SUNNY HILLS RESTORATION INSURER C: MIDW EST EMPLOYERS CAS CO 23612 1999 RITCHEY ST INSURER D: OHIO CAS INS CO 24074 INSURER E: SANTA ANA CA 92705-5100 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURE©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. LTR TYPE OF INSURANCE INSD N15/D POLICY NUMBER (MM1DDfYYYY) (MMIDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 UVA CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ 100,000 X POLLUTION LIABILITY MED EXP(Any one parson) $ 5,000 A X PROFESSIONAL LIABILITY Y FEI-ECC-35209-03 05/15/2025 05/15/2026 PERSONAL S ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JE� LOC PRODUCTS-COMPIOP AGG S 2,000,000 OTHER' S AUTOMOBILE LIABILITY {Ea accident} $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ B OWNED X SCHTOSEDULED Y SUAU659174 04/10/2026 04/10/2027 BODILY INJURY(Per accident) $ AUTOS ONLY AU HIRED NON-OWNED 7R7PER=AMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) UMBRELLA LIAR MCLAIMS-MAOF OCCUR EACH OCCURRENCE S 1,000,000 A X EXCESS LIAR Y FEI-EXS-45093-03 05/15/2025 05/15/2026 AGGREGATE $ 1,000,000 DED I I RETENTION PRODUCTS/COMPLETI S 1,000,000 WORKERS COMPENSATION X I STATUTE IFIR AND EMPLOYERS'LIABILITY Y 1 N ANY PROPRIETORIPARTNER/EXECUTIVE EL,EACH ACC[DENT $ 1,000,000 C OFFICERIMEMBEREXCLUDED? �Y NIA Y BNET729611432 11i14/2025 11/14/2026 (Mandatory in Ni E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION CF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,O)0 Misc Equipment $55,000 D Commercial Property&Inland Marine BK061278353 4/7/2026 4/7/2027 Property of Others $319,489 Systems Breakdown S319,499 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) See ACORD 101 APPROVED By Tu Tram Nguyen at 7:13 am,Mar 23, 2026 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attention:Santa Ana Police Department AUTHORIZED REPRESENTATIVE 60 Civic Center Plaza,M-97 Santa Ana CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID. LOC#: ACCIORL> ADDITIONAL REMARKS SCHEDULE Pale t of I AGENCY NAMED INSURED Chrysalis Insurance Agency(Incorporated) Sunny Hills Associates Inc.dlbla SUNNY HILLS RESTORATION POLICY NUMBER BNUWC0152685,SUAU238218,12 EMP 22242 02, 12 ENIX 22243 02 CARRIER NAIC CODE MIDWEST EMPLOYERS CAS CO 23612,4235 1 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM 1S A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 1 FORM TITLE: Certificate Of Liability Insurance City of Santa Ana and Santa Ana Police Department,Its Officers,Agents and Employees,Vendors are named as additional insured.30 days notice of cancellation. Waiver of Subrogation applies.Above coverage is primary and any insurance or self-insurance maintained by the Entity,its officers,officials,employees,or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. ACORD 101 (2008101) O 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 07 00 A (Ed. 04-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—BLANKET -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization for which you perform work under a written contract that requires you to obtain this agreement from us. The premium charge for this endorsement shall be 2% of the Worker's Compensation premium, subject to a minimum premium charge of$500. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 1 1 11 4/2 025 Policy No. BNET729611432 Endorsement No. 0 Insured Sunny Hills Associates Incorporated Premium $53,159 Insurance Company Midwest Employers Casualty Company Countersigned by Authorized Representative WC990700A 1 of (Ed. 04-19) Sunny Hills Associates Incorporated Endorsement Number: 5 Automatic Additional Insured — Owners, Lessees or Contractors This endorsement, effective 05/15/2025, attaches to and forms a part of Policy Number FEI-ECC-35209-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of$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 ororganization's vicarious liability arising out of your ongoing operations performed for that insured. ECC-319-0712 O 2018, Freberg Environmental, Inc. Page 1 of 1 Sunny Hills Associates Incorporated Endorsement Number: 6 Automatic Waiver of Subrogation Endorsement This endorsement, effective 05/15/2025, attaches to and forms a part of Policy Number FEI-ECC-35209-03. 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. Page 1 of 1 Sunny Hills Associates Incorporated Endorsement Number: 10 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS BLANKET This endorsement, effective 05/15/2025, attaches to and forms a part of Policy Number FEI-ECC-35209-03. 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) Location And Description Of Completed Or Organization(s) Operations 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 contract. additional 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 B. With respect to the insurance afforded to include as an additional insured the person(s) or these additional insureds, the following is organization(s) shown in the Schedule, but only added to Section III—Limits Of Insurance: with respect to liability for"bodily injury" or If coverage provided to the additional insured "property damage" caused, in whole or in part, is required by a contract or agreement, the by"your work"at the location designated and most we will pay on behalf of the additional described in the Schedule of this endorsement insured is the amount of insurance: performed for that additional insured and included in the"products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 3712 19 O Insurance Services Office, Inc., 2018 Page 1 of 1 Sunny Hills Associates Incorporated Endorsement Number: 11 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement, effective 05/15/2025, attaches to and forms a part of Policy Number FEI-ECC-35209-03. 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 B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you are exclusions apply: performing operations when you and such This insurance does not apply to: person or organization have agreed in writing 1. "Bodily injury", "property damage" or in a contract or agreement that such person "personal and advertising injury"arising out or organization be added as an additional of the rendering of, or the failure to render, insured on your policy; and any professional architectural, engineering or 2. Any other person or organization you are surveying services, including: required to add as an additional insured a. The preparing, approving, or failing to under the contract or agreement described in prepare or approve, maps, shop drawings, Paragraph 1. above. opinions, reports, surveys, field orders, Such person(s)or organization(s) is an change orders or drawings and additional insured only with respect to liability for specifications;or "bodily injury", "property damage" or"personal b, Supervisory, inspection, architectural or and advertising injury" caused, in whole or in engineering activities. part, by: a. Your acts or omissions; or This exclusion applies even if the claims against any insured allege negligence or b. The acts or omissions of those acting on your other wrongdoing in the supervision, hiring, behalf; employment, training or monitoring of others in the performance of your ongoing operations by that insured, if the "occurrence"which for the additional insured described in caused the "bodily injury"or"property damage", or the offense which caused the Paragraph 1. or 2. above. However,the insurance afforded to such personal and advertising injury", involved the rendering of, or the failure to render, any additional insured described above: professional architectural, engineering or a. Only applies to the extent permitted by law; surveying services. and 2. "Bodily injury"or"property damage" occurring b. Will not be broader than that which you are after: required by the contract or agreement to a. All work, including materials, parts or provide for such additional insured. equipment furnished in connection with A persons or organization's status as an such work, on the project (other than additional insured under this endorsement ends service, maintenance or repairs)to be when your operations for the person or performed by or on behalf of the organization described in Paragraph 1. above additional insureds) at the location of the are completed. covered operations has been completed; or CG 20 38 12 19 ©Insurance Services Office, Inc.,2018 Page 1 of 2 Sunny Hills Associates Incorporated b.That portion of"your work" out of which the 2. Available under the applicable limits of injury or damage arises has been put to its insurance; intended use by any person or organization whichever is less. other than another contractor or subcontractor engaged in performing This endorsement shall not increase the operations for a principal as a part of the applicable limits of insurance. 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 CG 20 38 12 19 ©Insurance Services Office, Inc., 2018 Page 2 of 2 COMMERCIAL AUTO BA 99 02 09 08 BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV- BUSINESS AUTO CONDITIONS,A. Loss Conditions, 5.Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: _ We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. BA 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 7 of 1 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured's"autos." Additional Insured When Required by Contract (a) The limits of insurance specified in (1) Paragraph A.1. — WHO IS AN INSURED -- the written contract or written of Section II — Liability Coverage is agreement; or amended to add: (b) The Limits of Insurance shown in d. When you have agreed, in a written the Declarations. contract or written agreement, that a Such amount shall be a part of and not person or organization be added as an in addition to Limits of Insurance shown additional insured on your business auto in the Declarations and described in this policy, such person or organization is an Section. "Insured", but only to the extent such (3) Additional Insureds Other Insurance person or organization is liable for "bodily injury" or "property damage" If we cover a claim or "suit" under this caused by the conduct of an "insured" Coverage Part that may also be covered under paragraphs a. or b. of Who Is An by other insurance available to an Insured with regard to the ownership, additional insured, such additional maintenance or use of a covered "auto." insured must submit such claim or "suit" The insurance afforded to any such to the other insurer for defense and additional insured applies only if the indemnity. "bodily injury" or "property damage" However, this provision does not apply occurs: to the extent that you have agreed in a (1) During the policy period, and written contract or written agreement that the insurance is primary and non- (2) Subsequent to the execution of such contributory with the additional insured's written contract, and own insurance. (3) Prior to the expiration of the period (4) Duties in The Event Of Accident, Claim, of time that the written contract Suit or Loss requires such insurance be provided If another person or organization is to the additional insured. added as an additional insured on your (2) How Limits Apply policy, the additional insured shall be If you have agreed in a written contract required to comply with the provisions in or written agreement that another A. Loss Conditions 2.— Duties In The person or organization be added as an Event Of Accident, Claim, Suit Or additional insured on your policy, the Loss — of SECTION IV — BUSINESS most we will pay on behalf of such AUTO CONDITIONS, in the same additional insured is the lesser of: manner as the Named Insured. BA 99 04 06 18 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1 ® DATE(MM/DD/YYYY) ACC OR" � CERTIFICATE OF LIABILITY INSURANCE 5/27/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Rachel Garciano Chrysalis Insurance Agency(Incorporated) PHONE ,A/C,No,Ext: 714 464-8080 (A/C No) (714)464-8070 3001 Red Hill Ave,Ste.2-226 ADDRESS: service@insuredwell.com INSURER(S)AFFORDING COVERAGE NAIC# Costa Mesa CA 92626 INSURER A: ADMIRAL INS CO 24856 INSURED INSURER B: CALIFORNIA AUTOMOBILE INS CO 38342 Sunny Hills Associates Inc.d/b/a SUNNY HILLS RESTORATION INSURER C: MIDWEST EMPLOYERS CAS CO 23612 1999 RITCHEY ST INSURER D: OHIO CAS INS CO 24074 INSURER E: SANTA ANA CA 92705-5100 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ 100,000 X POLLUTION LIABILITY MED EXP(Any one person) $ 5,000 A X PROFESSIONAL LIABILITY Y FEI-ECC-35209-04 05/15/2026 05/15/2027 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ECT ❑LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ B OWNED AUTOS ONLY X AUTOSULED Y BA040000099937 04/10/2026 04/10/2027 BODILY INJURY(Per accident) $ HIRED NON-OWNED HF<UHEK I Y DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) UMBRELLA LAB M OCCUR EACH OCCURRENCE $ 1,000,000 A X EXCESS LAB CLAIMS-MADE Y FEI-EXS-45093-04 05/15/2026 05/15/2027 AGGREGATE $ 1,000,000 DED I I RETENTION$ PRODUCTS/COMPLETI $ 1,000,000 WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 COFFICER/MEMBER EXCLUDED? Fy] N/A Y BNET729611432 11/14/2025 11/14/2026 Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Misc Equipment $55,000 D Commercial Property&Inland Marine BK061278353 4/7/2026 4/7/2027 Property of Others $319,489 Systems Breakdown $319,489 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Santa Ana and Santa Ana Police Department,Its Officers,Agents and Employees,Vendors are named as additional insured.30 days notice of cancellation. Waiver of Subrogation applies.Above coverage is primary and any insurance or self-insurance maintained by the Entity,its officers,officials,employees,or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. APPROVED By Tu Tran Nguyen at 11:36 am,May 27,2026 L] CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attention:Santa Ana Police Department AUTHORIZED REPRESENTATIVE 60 Civic Center Plaza,M-97 Santa Ana CA 92701 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 07 00 A (Ed. 04-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— BLANKET -CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization for which you perform work under a written contract that requires you to obtain this agreement from us. The premium charge for this endorsement shall be 2% of the Worker's Compensation premium, subject to a minimum premium charge of$500. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/14/2025 Policy No. BNET729611432 Endorsement No. 0 Insured Sunny Hills Associates Incorporated Premium $53,159 Insurance Company Midwest Employers Casualty Company Countersigned by Authorized Representative WC 99 07 00 A 1 of 1 (Ed. 04-19) Sunny Hills Associates Incorporated Endorsement Number: 5 Automatic Additional Insured — Owners, Lessees or Contractors This endorsement, effective 05/15/2025, attaches to and forms a part of Policy Number FEI-ECC-35209-03. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of an additional premium of$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. ECC-319-0712 ©2018, Freberg Environmental, Inc. Page 1 of 1 Sunny Hills Associates Incorporated Endorsement Number: 6 Automatic Waiver of Subrogation Endorsement This endorsement, effective 05/15/2025, attaches to and forms a part of Policy Number FEI-ECC-35209-03. 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. Page 1 of 1 Sunny Hills Associates Incorporated Endorsement Number: 10 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS BLANKET This endorsement, effective 05/15/2025, attaches to and forms a part of Policy Number FEI-ECC-35209-03. 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) Location And Description Of Completed Or Organization(s) Operations 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 contract. additional 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 B. With respect to the insurance afforded to include as an additional insured the person(s) or these additional insureds, the following is organization(s) shown in the Schedule, but only added to Section III— Limits Of Insurance: with respect to liability for"bodily injury" or If coverage provided to the additional insured "property damage" caused, in whole or in part, is required by a contract or agreement, the by "your work" at the location designated and most we will pay on behalf of the additional described in the Schedule of this endorsement insured is the amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable limits of However: insurance; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the by law; and applicable limits of insurance. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Sunny Hills Associates Incorporated Endorsement Number: 11 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement, effective 05/15/2025, attaches to and forms a part of Policy Number FEI-ECC-35209-03. 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 B. With respect to the insurance afforded to these include as an additional insured: additional insureds, the following additional 1. Any person or organization for whom you are exclusions apply: performing operations when you and such This insurance does not apply to: person or organization have agreed in writing 1. "Bodily injury", "property damage" or in a contract or agreement that such person "personal and advertising injury" arising out or organization be added as an additional of the rendering of, or the failure to render, insured on your policy; and any professional architectural, engineering or 2. Any other person or organization you are surveying services, including: required to add as an additional insured a. The preparing, approving, or failing to under the contract or agreement described in prepare or approve, maps, shop drawings, Paragraph 1. above. opinions, reports, surveys, field orders, Such person(s) or organization(s) is an change orders or drawings and additional insured only with respect to liability for specifications; or "bodily injury", "property damage" or"personal b. Supervisory, inspection, architectural or and advertising injury caused, in whole or in engineering activities. part, by: a. Your acts or omissions; or This exclusion applies even if the claims against any insured allege negligence or b. The acts or omissions of those acting on your other wrongdoing in the supervision, hiring, behalf; employment, training or monitoring of others in the performance of your ongoing operations by that insured, if the "occurrence"which for the additional insured described in caused the "bodily injury" or"property Paragraph 1. or 2. above. damage", or the offense which caused the "personal and advertising injury", involved However, the insurance afforded to such the rendering of, or the failure to render, any additional insured described above: professional architectural, engineering or a. Only applies to the extent permitted by law; surveying services. and 2. "Bodily injury" or"property damage" occurring b. Will not be broader than that which you are after: required by the contract or agreement to a. All work, including materials, parts or provide for such additional insured. equipment furnished in connection with A person's or organization's status as an such work, on the project (other than additional insured under this endorsement ends service, maintenance or repairs) to be when your operations for the person or performed by or on behalf of the organization described in Paragraph 1. above additional insured(s) at the location of the are completed. covered operations has been completed; or CG 20 38 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 Sunny Hills Associates Incorporated b. That portion of"your work" out of which the 2. Available under the applicable limits of injury or damage arises has been put to its insurance; intended use by any person or organization whichever is less. other than another contractor or subcontractor engaged in performing This endorsement shall not increase the operations for a principal as a part of the applicable limits of insurance. 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 CG 20 38 12 19 ©Insurance Services Office, Inc., 2018 Page 2 of 2 COMMERCIAL AUTO BA 99 02 09 08 BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV- BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. BA 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 COMMERCIAL AUTO BA 99 04 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured's "autos." Additional Insured When Required by Contract (a) The limits of insurance specified in (1) Paragraph A.1. — WHO IS AN INSURED — the written contract or written of Section II — Liability Coverage is agreement; or amended to add: (b) The Limits of Insurance shown in d. When you have agreed, in a written the Declarations. contract or written agreement, that a Such amount shall be a part of and not person or organization be added as an in addition to Limits of Insurance shown additional insured on your business auto in the Declarations and described in this policy, such person or organization is an Section. "insured", but only to the extent such (3) Additional Insureds Other Insurance person or organization is liable for "bodily injury" or "property damage" If we cover a claim or "suit" under this caused by the conduct of an "insured" Coverage Part that may also be covered under paragraphs a. or b. of Who Is An by other insurance available to an Insured with regard to the ownership, additional insured, such additional maintenance or use of a covered "auto." insured must submit such claim or "suit" The insurance afforded to any such to the other insurer for defense and additional insured applies only if the indemnity. "bodily injury" or "property damage" However, this provision does not apply occurs: to the extent that you have agreed in a (1) During the policy period, and written contract or written agreement that the insurance is primary and non- (2) Subsequent to the execution of such contributory with the additional insured's written contract, and own insurance. (3) Prior to the expiration of the period (4) Duties in The Event Of Accident, Claim, of time that the written contract Suit or Loss requires such insurance be provided If another person or organization is to the additional insured. added as an additional insured on your (2) How Limits Apply policy, the additional insured shall be If you have agreed in a written contract required to comply with the provisions in or written agreement that another A. Loss Conditions 2. — Duties In The person or organization be added as an Event Of Accident, Claim, Suit Or additional insured on your policy, the Loss — of SECTION IV — BUSINESS most we will pay on behalf of such AUTO CONDITIONS, in the same additional insured is the lesser of: manner as the Named Insured. BA 99 04 06 18 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 1