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HomeMy WebLinkAboutPACIFIC COAST HORTICULTURIST (PCA ARBORISTS & CONSULTANTS, INC.) I l'fJ4TIH'1i. i '`. A-2026-097-04 0s(I�VA-ZI- JUL 2 2 2026 _j.ft,ODU[� br `9 L� FIRST AMENDMENT WITH PACIFIC COAST HORTICULTURISTS TO PROVIDE GROUND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 7, 2026, by and between PCA Arborists& Consultants, Inc. doing business as Pacific Coast Horticulturists ("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 parties entered into Agreement No. A-2024-007-04, dated January 16, 2024, by which Contractor agreed to provide ground maintenance services to City parks, bike trails, open spaces, and parking lots in various City districts as assigned("Agreement"). Contractor was assigned to provide services for Santa Ana City Zoo. B. The initial term of the Agreement runs for a three (3) year term from February 1, 2024 through January 31, 2027, with an option to grant up to two (2) one (1) year extensions through 2029. The Agreement is current and in-effect. C. The parties now wish to amend the Agreement to expand the scope of the Agreement, allowing Contractor to provide the same services in all locations within the City, as described in RFP No. 23-1.51. The Parties therefore agree: 1. ,Section 1,Scope of Services, is amended to add additional locations to the scope. Section 1 is now restated to read as follows: 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 and as detailed in the appendices provided in Exhibit B, attached hereto and incorporated by reference, for all locations within the City. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in fill force and effect. [signatures on following page] Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA A ir 1+1 enni r Hal Alvaro Nunez City e City Manager APPROVED AS TO FORM CONTRACTOR Sonia R. Carvalho City Attorney By: As`e Nellesen By: Brandon Elrod sistant City Attorney Title: President RECOMMENDED FOR APPROVAL odo6fv asaf Rn.dol{o Rosas(Jun 23,2025 15:36:21 PDT) Rodolfo Rosas, P.E. Acting Executive Director Public Works Agency Page 2 of 2 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODNYYYJ b5127/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELYAMEND,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 poiicy(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 AETOS PARTNERS INSURANCE SERVICES INC. NAME: Service Department 4869 TOPANGA CANYON BLVD#2 IAIC-No-PHONE . 818-914-0933 aAc No: 806-621-4747 WOODLAND HILLS, CA 91364 ADDRESS: ServiCelaetOSinSUrance.Com License#• 6015804 INSURERS AFFORDING COVERAGE NAIO# INSURERA: Greenwich Insurance Company-22322 INSURED INSURER B: Southern Insurance Company 19216 PCA Arborists& Consultants, Inc, INSURERc: XL Specialtv Insurance Company- 37885 910 E. Walnut St, INSURERD: Santa Ana,CA 92701 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000004-250523133752 REVISION NUMBER: 28 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 OROTHER 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.LIMITS SHOWN ARE INCLUSIVE OFAMOUNTS REQUESTED BY THE CERTIFICATE HOLDER AND MAY NOT REFLECT POLICY LIMIT AMOUNTS IN EXCESS OF THOSE REQUESTED.'NolApplicable In WY INBR TYPE OF INSURANCE ADDI.SUBR POLICY EFF POLICY E P LTR €NSD WVD POLICY NUMBER Mwbt)/YYYV MIND Nyyyi LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y NPC-1006073-03 05/17/2026 06/1712027 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE1-1 OCCUR PREMISESQ a ae urrance $ 100,000 MED EXP(Anyone person) $. 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: G£NERALAGGREGATE $ 2 000 000 ]� POLICY❑ PRO- ❑ - JECT LOG PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y NBA-1009128-01 0611712026 OW1712027 =a aociderr SINGLE LIMIT $ 1 000 000 ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Peraocldent $ AUTOS ONLY X AUTOS ( ) HIREEJ NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ A UMBRELLA LIAB X OCCUR Y Y NEC-7000978-01 06/1712028 05/1712027 EACH OCCURRENCE $ 1,000,000 X EXCESS LIA8 CLAIMS-MADE AGGREGATE $ 1,000,000 DEp I I RETENTION.$ 1. $ B WORKERS COMPENSATION AND EMPLO ERS IABILITY Y OPW1014038 05117120�26 03/1712027 X STATUTE ERH ANY OFFICERIMEIMSERIEXCLUIJ SCUT€Vr= � N1A E,L,EACH ACCIDENT $ 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE T 1,000,000 Ifyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00b C Inland Marine NIM-1010211-00 0511W2026 05/1712027 Catastrophe Limit 327,908 DESCRIPTION OF OPERATIONS f LOCATIONS!VEHICLES (ACORD 101,Addltlonaf Remarks Sahedute,may be attached If more apace Is required) Certificate holder is listed as additional insured. A waiver of subrogation in favor of the certificate holder is included under the Worker's Compensation policy. APPROVED By Tu Tran Nguyen at 8 16..`am,4102 id CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Attention:.Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza,4th floor AUTHORIZED REPRESENTATIVE Santa Ana, CA 92703 I 1 2 ct,ru/tcYGra CSR) ACORD 25(202SM2) 01Q 8-2025 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by CSR on O5127/20213 at l2:07PM POLICY NUMBER: XI 421 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE DESCRIPTION A; Temporary Substitute Auto Physical Damage B. Who is An Insured 1. Broad Form Insured 2. Employees As Insureds 3. Additional Insured By Contract, Agreement or Permit 4. Employee Hired Autos C. Supplementary Payments D. Amended Fellow Employee Exclusion E. Physical Damage Coverage I. Rental Reimbursement 2. Extra Expense—Broadened Coverage 3. Personal Effects Coverage 4. Lease Gap 5. Glass Repair—Waiver Of Deductible F. Physical Damage.Coverage Extensions 1. Additional Transportation Expense 2. Hired Auto Physical.Damage G. Business Auto Conditions 1. Notice Of Occurrence 2. Waiver Of Subrogation. 3. Unintentional Failure To Disclose Hazards 4. Primary Insurance H. Bodily Injury Redefined I. Extended Cancellation Condition XIC 421 1013 ©2013 X.L. America, Inc. All Rights Reserved. Pagel of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc_with its permission. A. Temporary Substitute Auto Physical Damage SECTION I -- COVERED AUTOS, C. Certain Trailers, Mobile. Equipment And Temporary Substitute Autos is changed by adding the following: If Physical Damage coverage is provided by this Coverage Form, the following types of vehicles are also covered"autos"for Physical Damage coverage: 1. Any "auto"you do not own while used with the permission of its owner as a temporary substitute for a covered "auto"you own that is out of service because of its: a. Breakdown; b. Repair; G. Servicing; d. "Loss"; or e. Destruction. 13. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is changed by adding the following:. 1. Broad Form Insured For any covered "auto", any subsidiary, affiliate or organization., other than a. partnership or joint venture, as may now exist or hereafter be constituted over which you assume active management or maintain ownership or majority interest, provided that you notify us within ninety (90) days from the date that any such subsidiary or affiliate is acquired or formed and that there is no similar insurance available to that organization. However, coverage does not apply to "bodily injury" or "property damage"that occurred before you acquired or formed the organization. 2. Employees As Insureds Any"employee"of yours is an "insured"while using a covered "auto"you don't own, hire or borrow, in your business or your personal affairs. & Additional Insured By Contract,Agreement Or Permit Any person or organization with whom you have agreed in writing in a contract, agreement or permit, to provide insurance such as is provided under this policy, provided that the "bodily injury" or "property damage" occurs subsequent to the execution of the written contract, agreement or permit. 4. Employee Hired Autos An "employee"of yours is an "insured"while operating an "auto"hired or rented under a contract or agreement in that"employee's" name, with your permission, while performing duties related to the conduct of your business. XIC 421 1013 ©2013 X.L. America,Inc. All Rights Reserved. Page 2 of 6 May not be copied without permission. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. ENDORSEMENT# This endorsement, effective 12:01 a.m., forms part of Policy No. issued to by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XL PLUS ENDORSEMENT This endorsement modifies insurance provided under the.following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read this endorsement carefully to determine rights,duties, and what is and is not covered. A. Reasonable Force—Bodily Injury or Property Damage B. Damage To Premises Rented To You Extension • Perils of fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage:from fire extinguishing equipment or water damage • Limit increased to$300,000 C. Aircraft Chartered with Crew D. Non-Owned Watercraft E. Personal and Advertising Injury--Assumed by Insured Contract F. Increased.Supplementary Payments • Cost for bail bonds increased to $5,000 Loss of earnings increased to$1,000 per day G. Resulting Damage to Your Work or Your Product H. Broadened Named Insured I. In Rem J. Additional Insured—Automatic.Status When Requited in Written Contract or Agreement K. Blanket Additional Insured—Managers or Lessors of Premises L. Blanket Additional Insured—Lessor of Leased Equipment M. Blanket Additional Insured—Controlling Interest XIL 436 0623 Q 2023 X.L.America, Inc. All Rights Reserved. Page 1 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc., with its permission. N. Blanket Additional Insured—Mortgagee,Assignee or Receiver O. Blanket Additional Insured—State or Governmental Agency P. Blanket Additional Insured—Vendors Q. Blanket Additional Insured—Grantor of Franchise R. Primary Insurance Clause Endorsement S. Injury to Co-Employees and Co-Volunteer Workers T. Knowledge and Notice of Occurrence or Offense U. Unintentional Omission V. Unintentional Failure to Notify or Report W. Liberalization X. Blanket Waiver of Subrogation Y. Extension of Coverage—Bodily Injury Z. Coverage Territory XIL 4360623 02023 X.L.America, Inc. All Rights.Reserved. Page 2 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. A. REASONABLE FORCE—BODILY INJURY OR PROPERTY DAMAGE 1. Exclusion a. Expected Or Intended Injury of Paragraph 2., Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I--COVERAGES is deleted in its entirety and replaced by the following: This insurance does not apply to: Expected Or Intended Injury Or Damage a. "Bodily injury or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury" or"property damage" resulting from the use of reasonable force to protect persons or property. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last Paragraph of 2. Exclusions of COVERAGE A.- BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES Is deleted in its entirety and replaced by the following: Exclusions c. through n. do not apply to damages to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, lightning, explosion, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage.A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting,or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or C. Explosion of steam boilers,steam pipes,steam engines., or steam turbines. 3. Paragraph 6. of SECTION III-LIMITS OF INSURANCE is deleted in its entirety and replaced by the following: 6.a. Subject to Paragraph 5. above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire, explosion, lightning, smoke, aircraft or vehicle, riot or civil commotion, vandalism, leakage from fire extinguishing equipment orwater damage. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence",whether such damage results from fire, explosion, lightning; smoke, aircraft or vehicle or riot or civil commotion, vandalism, leakage from fire extinguishing equipment or water damage or any combination of any of these. b. The Damage to Premises Rented to You Limit will be the higher of: (1) $300,000;or (2) The amount shown on the Declarations for Damage to Premises Rented to You Limit. XIL 436 0623 ©2023 X.L. America, Inc. All Rights Reserved. Page 3 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices,Inc., with its permission. 4. Paragraph 9.a. of the definition of"insured contract" under SECTION V-DEFINITIONS, is deleted in its entirety and replaced by the following: "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,lightning,explosion, smoke, aircraft or vehicle, riot or civil commotion,vandalism, leakage from fire extinguishing equipment or water damage to premises while rented to you,or temporarily occupied by you with the permission of the owner is not an "insured contract". 5. This Article B.does not apply if coverage for Damage to Premises Rented to You of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I — COVERAGES is excluded by endorsement. C. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions contained in exclusion g.,Aircraft,Auto Or Watercraft in Paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION -COVERAGES: This exclusion does not apply to: Aircraft chartered with crew to any insured. 2. This Article C.does not apply if the chartered aircraft is owned by any insured. 3. The insurance provided by this Article C.shall be excess over any valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. D. NON-OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of exclusion g. Aircraft. Auto Or Watercraft in Paragraph 2., Exclusions of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION I -COVERAGES is deleted in its entirety and replaced by the following: (2) A watercraft you do not own that is: (a) 50 feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Article D. applies to any person who,with your expressed or implied consent, either uses or is responsible for the use of the watercraft. 3. This insurance provided by this Article D. shall be excess over any other valid and collectible insurance available to the insured,whether primary,excess,contingent or on any other basis,except for insurance purchased specifically by you to be excess of this policy. XIL 436 0623 O 2023 X.L.America, Inc, All Rights Reserved. Page 4 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. E. PERSONAL AND ADVERTISING INJURY—ASSUMED BY INSURED CONTRACT 1. Exclusion e. Contractual Liability in Paragraph 2., Exclusions of COVERAGE B -- PERSONAL AND ADVERTISING INJURY LIABILITY of SECTION I—COVERAGES is deleted in its entirety and replaced by the following: This insurance does not apply to: 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: (1) That the insured would have in the absence of the contractor agreement;or (2) Assumed in a written contract or agreement that is an "insured contract"; provided the "personal and advertising injury" is caused by an offense which occurs subsequent to the execution of the contract or agreement. 2. Subparagraph f. of the definition of"insured contract" SECTION V—DEFINITIONS is deleted in its entirety and replaced by the following: f. That part of any other contract or agreement pertaining to your business, including an indemnification of a municipality in connection for work performed for a municipality, under which you assume the tort liability of anther party to pay for"bodily injury","property damage" or "personal and advertising injury to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. 3. This Article E.does not apply if Coverage B. Personal And Advertising Injury Liability is excluded by endorsement. F. INCREASED SUPPLEMENTARY PAYMENTS Subparagraphs 1. b. and d. of SUPPLEMENTARY PAYMENTS—COVERAGES A AND B of SECTION I— COVERAGES are amended as follows: 1. In Subparagraph b.,the amount we will pay for the cost.of bail bonds is increased up to$5,000. 2. In Subparagraph d..,the amount we will pay for a loss of earnings is increased up to$1,000 a day. G. RESULTING DAMAGE TO YOUR WORK OR YOUR PRODUCT The following is added to Paragraph 1.Insuring Agreement under COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY of SECTION l-COVERAGES Subject to all terms and conditions of the policy but most particularly SECTION 1—COVERAGES Paragraph 2. Exclusions, a. Expected Or Intended Injury,j. Damage To Property, k. Damage To Your Product and t.Damage To Your Work, "property damage" resulting from faulty workmanship shall be deemed to be caused by an "occurrence". XI.L 4360623 02023 X.L.America, Inc, All Rights Reserved. Page 5 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. H. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declarations is as follows: The person or organizations named in Item 1. of the Declarations and any organization, other than a partnership or jointventure,overwhich you maintain ownership or majority interest on the effective date of the policy, However, coverage for any such organization will cease as of the date that you no longer maintain ownership of, or majority interest in,such organization. 2. This Article G. does not apply to any person or organization for which coverage is excluded by endorsement. I. IN REM We agree that:any action in rem against any vessel owned, operated by or for, or charted by or for you shall in all respects be treated in the same manner as though the action was in personam against.you. J. ADDITIONAL INSURED — AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s)for whom you have agreed in writing in a contractor agreement that such person(s) or organization(s) be added as an additional. insured on your policy. Such person($) or organizations)Is an additional insured only with respect to liability for: a. "Bodily injury" or "property damage" not included in the "products-completed operations hazard"; .or b. "Personal and advertising injury"; caused by, in whole or in part, your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your operations. 2. The insurance afforded to such additional insured described in Paragraph 1. of this endorsement: 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. 3. With respect to insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" due to rendering of or failure to render any professional service. This includes but is not limited to: a. Legal, accounting or advertising services; b. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings or specifications;. C. Inspection,supervision,quality control, architectural or engineering activities done by or for you on a project on which you serve as construction manager; d. Engineering services, including related supervisory or inspection services; XIL 435 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 6 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. e. Medical, surgical, dental,X-ray or nursing services treatment, advice or instruction; f. Any health or therapeutic service treatment, advice or instruction; g. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement, or personal grooming or therapy; h. Any service, treatment, advice or instruction relating to physical fitness, including service, treatment, advice or Instruction in connection with diet, cardiovascular fitness, bodybuilding or physical training programs; I. Optometry or optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; j. Body piercing services; k. Services in the practice of pharmacy; 1. Law enforcement or firefighting services; and M. Handling, embalming, disposal, burial,cremation or disinterment of dead bodies. 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 failure to render any professional service. 4. 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: a. Required by the contract or agreement described in Paragraph 'I.; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of Insurance. K. BLANKET ADDITIONAL INSURED—MANAGERS OR.LESSORS OF PREMISES 1. SECTION II—WHO IS AN INSURED is amended to include as an insured any person or organization with whom you have agreed in a written contract executed prior to floss(an"additional insured"), but only with respect to liability arising .out of the: ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the additional insured"shall be the limits you agreed to provide, or the limits shown on the Declarations,whichever is less. b. The insurance afforded to the"additional insured" does not apply to: (1) Any"occurrence" that takes place after you cease to be a tenant in that premises; ,(2) Any premises for which coverage is excluded by endorsement; or A L 436 0623 O 2023 X.L.America,Inc. All Rights Reserved. Page 7 of 94 May not be copled without permission. Includes eMrighted material of Insurance Services Offices, Inc,,with its permission. (3) Structural alterations, new construction or demolition operations performed by or on behalf of such "additional insured". 2. The insurance afforded to the"additional insured'is excess over any valid and collectible insurance available to such"additional insured', unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. L. BLANKET ADDITIONAL INSURED—LESSOR OF LEASED EQUIPMENT 1. SECTION It —WHO IS AN INSURED is amended to include an "additional insured" (as defined in Article H. above), but only with respect to their liability arising out of maintenance, operation or use by you of equipment leased to you by such"additional insured", subject to the following provisions: a. Limits of Insurance. The Limits of Insurance afforded to the'additional Insured"shall be the limits which you agreed to provide,orthe limits shown on the Declarations,whicheveris less. b. The insurance afforded to the"additional insured" does not apply to: (1) Any"occurrence"that takes place after the equipment lease expires; or (2) "Bodily injury"or"property damage"arising out of the sole negligence of such additional insured. 2. The insurance provided.to the"additional insured"is excess over any valid and collectible insurance available to such "additional insured', unless you have a written contract for this insurance to apply on a primary or contributory basis. M. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. SECTION II—WHO IS AN INSURED Is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. However: C. The insurance afforded to such additional insured only applies to the extent permitted by law; and d. 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. 2. This insurance does not.apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 3. VVith 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: a. Required by the contract or agreement;or XIL 436 0623 ©2023 X.L. America, Inc, All Rights Reserved. Page 8 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. N. BLANKET ADDITIONAL INSURED—MORTGAGEE,ASSIGNEE OR RECEIVER 1. SECTION 11—WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organizations), but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of the premises by you and shown in the Schedule. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. 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. 2. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 3. Yhlith 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: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less,. This endorsement-shall not increase the applicable limits of insurance. 0. BLANKET ADDITIONAL INSURED—STATE OR GOVERNMENTAL AGENCY 1. SECTION II—WHO IS AN INSURED is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you orlon, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings,sidewalk vaults,street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or C. The ownership,maintenance or use of any elevators covered by this insurance. A L 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 9 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. However: d. The insurance afforded to such additional insured only applies to the extent permitted by law; and e. 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. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III—LIMITS OF INSURED: 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: a. Required by the contract or agreement;or b. Available under the applicable limits of insurance; whichever Is less.. This endorsement shall not increase the applicable limits of insurance. P. BLANKET ADDITIONAL INSURED-VENDOR$ 1. SECTION II--WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor), but only with respect"to liability for"bodily injury"or"property damage" arising out of"your products"shown in the Schedule of this endorsement which are distributed or sold in the regular course of the vendor's business. However: a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors,the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor 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 that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or.chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved. Page 10 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission, (5) Any failure to make such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 3. "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to: a. The exceptions contained in Subparagraphs (4)or(6); or b. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products, This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container,entering into, accompanying or containing such products. 4. With respect to the insurance afforded to these vendors, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the vendor is required by a contract or agreement,the most we will pay on behalf of the vendor is the amount of insurance: a. Required by the contract or agreement;or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Q. BLANKET ADDITIONAL INSURED—GRANTOR OF FRANCHISE 7. SECTION 11--WHO IS AN INSURED is amended to include as an additional insured ANY person(s) or organization(s), but only with respect to their liability as grantor of a franchise to you. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. 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. 2. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III—LIMITS OF INSURANCE: XIL 436 0623 ©2023 X.L.America, Inc. All Rights Reserved, Page 11 of 14 May not be copied without permission. Includes copyrighted mate.rial.of Insurance Services Offices, Inc.,with its permission. 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: a. Required by the contract or agreement; or b. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. R. PRIMARY INSURANCE CLAUSE ENDORSEMENT It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, if so required by written contract, & INJURY TO CO-EMPLOYEES AND CO-VOLUNTEER WORKERS 1. SECTION Il —WHO: IS AN INSURED is amended to include your "employees" as insureds solely with respect to "bodily injury"to a co2employee" in the course of the co-"employee's" employment by you,onto your"volunteer workers"while performing duties related to the conduct of your business, provided that this coverage for your"employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. SECTION ll—WHO IS AN INSURED is amended to include your'volunteer workers"as insureds with respect to"bodily injury"to a co-"volu nteer worker"while performing duties related to the conduct of your business, or to your"employees" employment by you, provided that this coverage for your "volunteer workers"does not apply while performing duties unrelated to the conduct of your business. T. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE 1. The following Is added to Paragraph 2., Duties In The Event Of Occurrence, Offense,Claim Or Suit of the SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Notice:of an "occurrence' or of an offense which may result in a claim under this insurance shall be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to any insured listed under Paragraph 1. of SECTION II —WHO IS AN. INSURED or any "employee" (such as insurance,loss control, risk manager oradministrator)designated by you to give such notice.. Knowledge of any other"employee(s)" of an "occurrence" or of an offense does not imply that you also have such knowledge. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer.. This applies only if you subsequently give notice to us as soon as practicable after any insured fisted under Paragraph 1.of SECTION II—WHO IS AN INSURED or an"employee" (such as an insurance,loss control,or risk manager or administrator)designated by you to give such notice discovers that the`occurrence", offense or claim may involve this policy. U. UNINTENTIONAL OMISSION 1. The: following. is added to Paragraph 6., Representations, of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you shall not prejudice your rights under this insurance. However,this Article L.does not affect our right to collect XIL 436 0623 O 2023 X.L.America, Inc, All Rights Reserved. Page 12 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission.. X. BLANKET WAIVER OF SUBROGATION 1. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work", or"your products". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. XI 43.6 0623 ©2023 X.L,America,Inc. All Rights Reserved. Page 13 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission, This insurance does not apply to: a. "bodily injury" or"property damage"; or b. "personal and advertising injury" thattakes place or is caused by an offense committed outside the United States of America(including its possessions and territories), Canada and Puerto Rico, unless.a"suit" on the merits(to determine the insured's responsibility to pay damages to which this insurance applies) is brought in the United States of America (including its possessions and territories),Canada or Puerto Rico. This insurance does not apply to damage, loss,cost or expenses in connection with any"suit"brought outside the United States of America (including its possessions and territories),. Canada or Puerto Rico. All other terms and conditions of this policy remain unchanged. XIL 436 0623 4 2023 X.L.America, Inc. All Rights Reserved. Page 14 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, lnc,,with its permission. X. BLANKET WAIVER OF SUBROGATION 1. The following is added to SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Waiver of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive.this right where you have agreed to do so as part of a written contract, executed by you prior to loss. XIL 436 0623 02023 X.L.America, Inc. All Rights Reserved. Page 13 of 14 May not be copied without permission. Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-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 named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract. 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 5/17/2026 Policy No. OPW1014038 Endorsement No. 0 Insured PCA Arborists&Consultants, Inc.. Premium$ 98,329 Insurance Company Southern Insurance Company Countersigned by WC 04 03 06 (Ed..04-84)