ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
5/19/2026
License # 0E67768
(949) 297-5530 (949) 297-5960
17370
Sunwest Engineering Constructors, Inc.
4780 Cheyenne Way
Chino, CA 91710
10885
35076
16691
A 2,000,000
X X ECP202766218 12/1/2025 12/1/2026 100,000
5,000
2,000,000
4,000,000
4,000,000
PRODUCTS LIABIL Included
B 1,000,000
X X BAP202766117 12/1/2025 12/1/2026
A 9,000,000
FFX202766317 12/1/2025 12/1/2026 9,000,000
C
X 9243819 12/1/2025 12/1/2026 1,000,000 Y 1,000,000
1,000,000
D Crime/EE Dishonesty SAAE78692704 12/1/2025 12/1/2026 1,000,000 Professional Liability
Carrier: Nautilus - Policy #ECP202766218
Effective: 12/01/2025 to 12/01/2026
Each Claim: $1MIL - Aggregate: $2MIL - Ded: $5,000
Retroactive Date: 09/27/2003
Contractors Pollution
SEE ATTACHED ACORD 101
City of Redondo Beach
531 N. Gertrude Avenue
Redondo Beach, CA 90277
MJKCONS-01 ESQUIVELY
IOA Insurance Services
130 Vantis
Suite 250
Aliso Viejo, CA 92656
Almie Valdez
[email protected]
Nautilus Insurance Company
Key Risk Insurance Company
State Compensation Insurance Fund of CA
Great American Insurance Company
X
X
X
X
X
X
X
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
IOA Insurance Services
MJKCONS-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0E67768
1 SEE P 1
Sunwest Engineering Constructors, Inc. 4780 Cheyenne Way Chino, CA 91710 SEE PAGE 1
ESQUIVELY
1 Description of Operations/Locations/Vehicles:
Carrier: Nautilus - Policy #ECP202766218
Effective: 12/01/2025 to 12/01/2026
Each Claim: $2MIL - Aggregate: $4MIL - Ded: $5,000
Occurrence Basis
Property - Leased/Rented - Replacement Cost
Carrier: Travelers Property Casualty Company of America Policy #6303R122616
Effective: 12/01/2025 to 12/01/2026
$500,000 - Ded: $1,000
City of Redondo Beach is recognized as Additional Insured with respects to General Liability, Auto Liability, Contractors Pollution Liability on a Primary and Non-Contributory basis; Waiver of Subrogation applies to General Liability, Auto Liability, Workers' Compensation and Contractors Pollution Liability; Excess Liability follows liability forms; all applicable as required by written contract.
30 Day Notice of Cancellation with 10 Day Notice for Non-Payment of Premium in accordance with the policy provisions.
ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
AUTOMATIC STATUS – ONGOING OPERATIONS – COVERAGE A, B, D.1 & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date
ECP202766218 12/1/2025 12/1/2026 12/1/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. SECTION III – WHO IS AN INSURED is amended to include as an additional insured:
1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and
2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above.
Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement.
Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 – Contractors Pollution Legal Liability and Coverage D.4 – Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above.
However, the insurance afforded to such additional insured described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, and
c. Will not extend beyond that which is provided to you in this policy.
A person’s or organization’s status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed.
II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or
ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2 (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.
III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V – 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 I.1.; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI – REPORTING, DEFENSE, SETTLEMENT & COOPERATION:
1. Duties -- Additional Insured
An additional insured must see to it that:
a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit;
b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory.
V. SECTION VII – CONDITION 10. – Other Insurance is amended by the addition of the following which supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that:
1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement.
However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar projectspecific, primary insurance.
VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS
AUTOMATIC STATUS – COMPLETED OPERATIONS – COVERAGE A, D.1 & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date
ECP202766218 12/1/2025 12/1/2026 12/1/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. SECTION III – WHO IS AN INSURED is amended to include as an additional insured:
1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and
2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above.
Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement.
Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 – Contractors Pollution Legal Liability and Coverage D.4 – Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products-completed operations hazard.
However, the insurance afforded to such additional insured described above:
a. Only applies to the extent permitted by law; and
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and
c. Will not extend beyond that which is provided to you in this policy.
II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply:
This insurance does not apply to:
a. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services.
III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V – 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 I.1.; or
2. Available under the applicable limits of insurance;
whichever is less.
This endorsement shall not increase the applicable limits of insurance.
IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI – ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2 REPORTING, DEFENSE, SETTLEMENT & COOPERATION:
1. Duties -- Additional Insured
An additional insured must see to it that:
a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory.
V. SECTION VII – CONDITION 10. – Other Insurance is amended by the addition of the following which supersedes any provision to the contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that:
1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and
2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement.
However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar projectspecific, primary insurance.
VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1260 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF SUBROGATION
(TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US)
AUTOMATIC STATUS – COVERAGE A, B & D
Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date
ECP202766218 12/1/2025 12/1/2026 12/1/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
I. The following is added to Paragraph 17. Subrogation of SECTION VII – CONDITIONS:
We waive any right of recovery against any person(s) or organization(s) because of payments we make under COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D – CONTRACTORS POLLUTION LIABILITY under this policy.
Such waiver by us applies only if:
1. The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and
2. The insured has waived its right of recovery against such person(s) or organization(s) prior to loss.
This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent.
This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1234 10 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO DESIGNATED PERSON OR ORGANIZATION Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date
ECP202766218 12/1/2025 12/1/2026 12/1/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
The following is added to SECTION VII – CONDITIONS 2. Cancellation:
SCHEDULE
Number of Days Advance Notice Of Cancellation: Thirty (30) Days Name and Address of Designated Person(s) or
Organization(s):
Information required to complete this Schedule, if not shown above, will be provided to the Company by the Broker of Record immediately upon our request. Failure to furnish this information promptly, or providing incomplete or inaccurate information will relieve us of our obligations under this endorsement. Additional Premium: $0 In consideration of the payment of an additional premium, and notwithstanding anything contained in the policy to the contrary, it is understood and agreed that if we cancel this policy on or before the expiration date set forth in the Declarations, we will mail or deliver to the first Named Insured at the last known address, and the person(s) or organization(s) at the address designated in the SCHEDULE above, written notice of cancellation not less than the number of days shown in the SCHEDULE before the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. This endorsement shall not apply if:
1. We cancel due to non-payment of premium, or
2. The policy is non-renewed for any reason.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1294 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT - COVERAGE A – AUTOMATIC STATUS
Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date
ECP202766218 12/1/2025 12/1/2026 12/1/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
SECTION V – LIMITS OF INSURANCE is amended by the addition of the following terms and conditions when you have agreed in writing in a contract or agreement, in effect during this policy period, with any person or organization for whom you are performing operations, that a per-project aggregate will apply:
I. For all amounts which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY which can be attributed only to covered operations at a single project:
1. A separate Per-Project Aggregate Limit applies to each project, and that limit is equal to the lesser of:
a. The applicable General Aggregate Limit; or
b. $2,000,000.
2. The Per-Project Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY except damages because of bodily injury or property damage included in the products-completed operations hazard, regardless of the number of:
a. Insureds;
b. Claims made or suits brought; or
c. Persons or organizations making claims or bringing suits. 3. Any payments made under COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages shall reduce the Per-Project Aggregate Limit for that particular project. Such payments shall not reduce the applicable General Aggregate Limit nor shall they reduce any other Per-Project Aggregate Limit for any other project.
4. The applicable limits for Each Occurrence, Damage To Premises Rented To You continue to apply. However, instead of being subject to the applicable General Aggregate Limit, such limits will be subject to the applicable PerProject Aggregate Limit.
5. Regardless of the number of projects covered under this policy, the most we will pay under the terms and conditions of this endorsement is $5,000,000.
II. For all amounts which the insured becomes legally obligated to pay as damages caused by occurrences under SECTION I – COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY which cannot be attributed only to covered operations:
1. Any payments made under SECTION I –COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Per-Project Aggregate Limit.
III. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the PerProject Aggregate Limit.
IV. If the applicable project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the particular project will still be deemed to be the same project.
ECP 1294 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2 V. The provisions of SECTION V – LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.
VI. This endorsement does not apply to any Designated Construction Project(s) which has been specifically endorsed to this policy on a General Aggregate Limit endorsement showing the Designated Construction Project(s) in a SCHEDULE. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1285 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
FIRST PARTY TRANSPORTATION POLLUTION LIABILITY COVERAGE
FOR DESIGNATED VEHICLE(S)
Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date
ECP202766218 12/1/2025 12/1/2026 12/1/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
SCHEDULE OF DESIGNATED VEHICLE(S)
All autos, aircraft, watercraft or rolling stock owned or operating by the insured.
I. In consideration of the payment of additional premium, it is understood and agreed that SECTION I – COVERAGE D -- CONTRACTORS POLLUTION LIABILITY, 2. EXCLUSIONS APPLICABLE TO COVERAGES D AND E, b. Auto, Aircraft, Unmanned Aircraft, Watercraft Or Rolling Stock is deleted in its entirety and replaced as follows:
2. EXCLUSIONS APPLICABLE TO COVERAGES D AND E
Refer also to SECTION II – SHARED EXCLUSIONS for additional exclusions applicable to COVERAGES D and E
This insurance does not apply to damages, loss, bodily injury, property damage, emergency remediation costs, microbial substances, corporate reputation rehabilitation expense, crisis management expense, claim(s) and related defense costs:
b. Auto, Aircraft, Unmanned Aircraft, Watercraft Or Rolling Stock Based upon or caused, in whole or in part by, or arising, directly of indirectly out of the ownership, maintenance, use or the entrustment to others of any auto, aircraft, unmanned aircraft, watercraft, or rolling stock owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claim(s) against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the ownership, maintenance, use or entrustment to others of any auto, aircraft, unmanned aircraft, watercraft, or rolling stock that is owned or operated by or rented or loaned to any insured. However, this exclusion does not apply to pollution conditions arising out of the ownership, maintenance, use, operation, loading or unloading of any auto, aircraft, scheduled unmanned aircraft, watercraft, or rolling stock within the fixed boundaries of the site where your covered operations are being performed.
Also, this exclusion does not apply to pollution condition(s) arising out of the ownership, maintenance, use, operation, loading or unloading of the vehicles designated and described in the SCHEDULE of this endorsement that:
(1) Commences during the transportation of your product or wastes; and (2) Results in bodily injury, property damage or cleanup costs during the transportation of your product or wastes.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
ECP 1205 08 23 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTUAL LIABILITY - RAILROADS
Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date
ECP202766218 12/1/2025 12/1/2026 12/1/2025
This endorsement modifies insurance provided under the following:
ENVIRONMENTAL COMBINED POLICY
SCHEDULE
Scheduled Railroad(s): Designated Job Site(s):
Any Railroad when you and such Railroad have entered
in a written contract or written agreement prior to loss.
Any jobsite where your work or professional services are performed during the policy term.
I. With respect to operations performed for, or affecting, a Scheduled Railroad at a Designated Job Site, definition number
27. Insured contract in SECTION IX – DEFINITIONS is deleted and replaced by the following:
27. Insured contract means:
For COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract; b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;
(2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
BENV CA 06 09 17 Page 1 of 1
BENV CA 06 09 17
ENDORSEMENT
This endorsement forms a part of the policy to which it is attached. Please read it carefully.
BUSINESS AUTO – ADDITIONAL INSURED
WHEN REQUIRED BY CONTRACT OR AGREEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
Section II - Liability Coverage A. - Coverage, 1. Who is an Insured, is amended to add:
d. Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of:
1. The coverage and/or limits of this policy; or
2. The coverage and/or limits required by said contract or agreement.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED.
Policy Number: BAP202766117
CA 04 49 11 16 © Insurance Services Office, Inc.,2016 Page 1 of 1
COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY -
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance – Primary And
Excess Insurance Provisions in the Motor
Carrier Coverage Form and supersedes any
provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available
to an "insured" under your policy provided that:
1. Such "insured" is a Named Insured under
such other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form
and supersedes any provision to the contrary:
This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from
any other insurance available to an "insured"
under your policy provided that:
1. Such "insured" is a Named Insured under
such other insurance; and
2. You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution from
any other insurance available to such
"insured".
Policy Number: BAP202766117
CA 04 44 10 13 © Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY NUMBER: BAP202766117 COMMERCIAL AUTO
CA 04 44 10 13
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: MJK Construction Inc./Sunwest Engineering Constructors, Inc. Endorsement Effective Date: 12/01/25
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Any Principal wherein such waiver has been included before loss as part of a contractual undertaking by the Named Insured
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization.
CA 99 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
COMMERCIAL AUTO
CA 99 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
POLLUTION LIABILITY – BROADENED COVERAGE
FOR COVERED AUTOS – BUSINESS AUTO AND
MOTOR CARRIER COVERAGE FORMS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
A. Covered Autos Liability Coverage is changed
as follows:
1. Paragraph a. of the Pollution Exclusion
applies only to liability assumed under a
contract or agreement.
2. With respect to the coverage afforded by
Paragraph A.1. above, Exclusion B.6. Care,
Custody Or Control does not apply.
B. Changes In Definitions
For the purposes of this endorsement, Paragraph
D. of the Definitions Section is replaced by the
following:
D. "Covered pollution cost or expense" means
any cost or expense arising out of:
1. Any request, demand, order or statutory or
regulatory requirement that any "insured" or
others test for, monitor, clean up, remove,
contain, treat, detoxify or neutralize, or in
any way respond to, or assess the effects
of "pollutants"; or
2. Any claim or "suit" by or on behalf of a
governmental authority for damages
because of testing for, monitoring, cleaning
up, removing, containing, treating,
detoxifying or neutralizing, or in any way
responding to or assessing the effects of
"pollutants".
"Covered pollution cost or expense" does not
include any cost or expense arising out of the
actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. Before the "pollutants" or any property
in which the "pollutants" are contained
are moved from the place where they
are accepted by the "insured" for
movement into or onto the covered
"auto"; or
b. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the
place where they are finally delivered,
disposed of or abandoned by the
"insured".
Paragraphs a. and b. above do not apply
to "accidents" that occur away from
premises owned by or rented to an
"insured" with respect to "pollutants" not in
or upon a covered "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are contained
are upset, overturned or damaged as
a result of the maintenance or use of
a covered "auto"; and
(2) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by
such upset, overturn or damage.
Policy Number: BAP202766117
WC 00 03 13
(Ed. 4-84)
1983 National Council on Compensation Insurance.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
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.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
Policy Number: 9344369
SUNWEST ENGINEERING CONSTRUCTORS,
4780 CHEYENNE WAY
CHINO, CA 91710-5531
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.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM.
SCHEDULE
EFFECTIVE December 1, 2025 AT 12:01 AM.
AND EXPIRING December 1, 2026 AT 12:01 AM
9243819
RENEWAL
Southern
0827005
HOME OFFICE
SAN FRANCISCO
ALL EFFECTIVE DATES
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
PERSON OR ORGANIZATION
ANY PERSON OR ORGANIZATION
FOR WHOM THE NAMED INSURED
HAS AGREED BY WRITTEN
CONTRACT TO FURNISH THIS
WAIVER
JOB DESCRIPTION
BLANKET WAIVER OF SUBROGATION
NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL
BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: November 25, 2025 2572
SCIF FORM 10217 (REV. 4 - 2018) OLD DP 217
ENDORSEMENT AGREEMENT
WAIVER OF SUBROGATION
BLANKET BASIS Page 1
STATE
COMPE;NSATION
INSURANCli
FUND
HOME OFFICE
SAN FRANCISCO
ENDORSEMENT AGREEMENT
CERTIFICATE HOLDERS' NOTICE
9243819
RENEWAL
SP
4-76-97-91
PAGE 1
EFFECTIVE DECEMBEBER 01, 2025 AT 12.01 A.M.
ALL EFFECTIVE DATES ARE
AT 12:01 AM PACIFIC
STANDARD TIME OR THE
TIME INDICATED AT
PACIFIC STANDARD TIME
SUNWEST ENGINEERING CONSTRUCTORS, INC.
4780 CHEYENNE WAY
CHINO, CA 91710
ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING,
IT IS AGREED THAT THIS POLICY SHALL NOT BE CANCELLED UNTIL, 30 DAYS
AFTER WRITTEN NOTICE OF SUCH CANCELLATION HAS BEEN PLACED
IN THE MAIL BY STATE FUND TO CURRENT HOLDERS OF
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE.
NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND
ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE
HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT.
COUNTERSIGNED AND ISSUED AT SAN FRANCISCO:
2065 �!.�
PRESIDENT AND CEO
SC IF FORM 10217 (REV .4-2018) OLO DP 217
FFX 8000 02 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 7
FOLLOW FORM EXCESS LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under the controlling underlying insurance. Other words and phrases that appear in bold in this Coverage Form have special meaning. Refer to Section IV - Definitions.
Other words and phrases that are not defined under this Coverage Form but defined in the controlling underlying insurance will have the meaning described in the policy of controlling underlying insurance. This policy is subject to the same representations and warranties as are contained in the application for any controlling underlying insurance, and the insurance provided under this Coverage Form will follow the same terms, conditions, agreements, exclusions, definitions and limitations that are contained in the applicable controlling underlying insurance, unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this Coverage Form will apply. However, the coverage provided under this Coverage Form will not be broader than that provided by the applicable controlling underlying insurance. There may be more than one controlling underlying insurance listed in the Declarations and provisions in those policies conflict, and which are not superseded by the provisions of this Coverage Form. In such a case, the terms, conditions, agreements, exclusions, definitions and limitations of the controlling underlying insurance applicable to the particular event for which a claim is made or suit is brought will apply.
SECTION I - COVERAGES
1. Insuring Agreement
a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit for injury or damage to which insurance provided under this Coverage Form applies, however, coverage under this policy will not be available unless and until the full amount of all controlling underlying insurance has been exhausted by the actual payment by the controlling underlying insurer of the applicable retained limit as shown in the Schedule of Controlling Underlying Insurance. Where the controlling underlying insurance has the duty to defend, we will have the right and duty to defend the insured against any suit seeking damages for such injury or damage under this Coverage Form when the applicable limits of controlling underlying insurance have been exhausted through the payment of the underlying limits in full in accordance with the provisions of such controlling underlying insurance. When we have no duty to defend, we will have the right to defend, or to participate in the defense of, the insured against any other suit seeking damages for injury or damage. However, we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not apply.
At our discretion, we may investigate any event that may involve this insurance and settle any resultant claim or suit, for which we have the duty to defend.
But:
(1) The amount we will pay for ultimate net loss is limited as described in Section II - Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense costs, judgments or settlements under this Coverage Form. b. This insurance applies to injury or damage that is subject to an applicable retained limit. If any other limit, such as a sublimit, is specified in the controlling underlying insurance, this insurance does not apply to injury or damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of Controlling Underlying Insurance.
FFX 8000 02 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 7 Furthermore, if any controlling underlying insurance shown in the Schedule of Controlling Underlying Insurance (SCHEDULE) attached hereto has a limit of liability:
(1) Greater than the amount shown in such Schedule of Controlling Underlying Insurance, then this policy will apply in excess of the greater amount; or
(2) Less than the amount shown in such Schedule of Controlling Underlying Insurance, then this policy will apply in excess of the amount shown in such Schedule of Controlling Underlying Insurance. c. (1) If the controlling underlying insurance requires, for a particular claim, that the injury or damage occur during its policy period in order for that coverage to apply, then this insurance will only apply to that injury or damage if it occurs during the policy period of this Coverage Form. If the controlling underlying insurance requires that the event causing the particular injury or damage takes place during its policy period in order for that coverage to apply, then this insurance will apply to the claim only if the event causing that injury or damage takes place during the policy period of this Coverage Form. (2) If any controlling underlying insurance is written on a claims-made or discovery basis, the following applies to the insurance provided by this Coverage Form which is excess over that underlying insurance:
If the controlling underlying insurance requires, for a particular claim, that the injury or damage occur on or after the Retroactive Date shown in the Declarations of that insurance in order for that coverage to apply, then this insurance will only apply to that injury or damage which occurs on or after the Retroactive Date shown in the controlling underlying insurance but before the end of the policy period of this Coverage Form. If the controlling underlying insurance requires, for a particular claim, that the event causing the particular injury or damage takes place on or after the Retroactive Date shown in the Declarations of that insurance in order for that coverage to apply, then this insurance will apply to the claim only if the event causing that injury or damage takes place on or after the Retroactive Date shown in the controlling underlying insurance but before the end of the policy period of this Coverage Form.
A claim for damages for such injury or damage must be first made against the insured during this policy period or any extended reporting period provided under this Coverage Form. A claim will be considered first made under this Coverage Form:
(1) When notice of such claim is received and recorded by any insured or by us, whichever comes first, if the controlling underlying insurance is written on a claims-made and recorded basis; or (2) When notice of such claim, after being received by any insured, is reported to us in writing, if the controlling underlying insurance is written on any other claims-made basis. d. Any additional insured under any policy of controlling underlying insurance will automatically be an additional insured under this insurance, but only to the extent consistent with the Construction Anti-indemnity Statute(s) held in the applicable jurisdiction. 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 lesser of the amount of insurance required by the contract or agreement, or the Each Occurrence Limit of this policy, less any amounts payable by any controlling underlying insurance. Additional insured coverage provided by this insurance will not be broader than coverage provided by the controlling underlying insurance. 2. Exclusions
The following exclusions, and any other exclusions added by endorsement, apply to this Coverage Form. In addition, the exclusions applicable to any controlling underlying insurance apply to this insurance unless superseded by the following exclusions, or superseded by any other exclusions added by endorsement to this Coverage Form.
Insurance provided under this Coverage Form does not apply to Injury or damage, costs and expenses, because of, caused by or arising out of, either directly or indirectly, in whole or in part, by:
a. Auto
Any loss, cost or expense payable under or resulting from any of the following auto coverages:
(1) First-party physical damage coverage;
(2) No-fault coverage;
(3) Personal injury protection or auto medical payments coverage; or (4) Uninsured or underinsured motorists’ coverage.
FFX 8000 02 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 3 of 7 b. Medical Payments
Medical payments coverage or expenses that are provided without regard to fault, whether or not provided by the applicable controlling underlying insurance. c. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
SECTION II - LIMITS OF INSURANCE
1. The Limits of Insurance shown in the Declarations, and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or suits brought, or number of vehicles involved; c. Persons or organizations making claims or bringing suits; or d. Limits available under any controlling underlying insurance. 2. The Limits of Insurance of this Coverage Form will apply as follows:
a. This insurance only applies in excess of the retained limit. b. The Aggregate Limit is the most we will pay for all ultimate net loss, for all injury or damage including defense costs covered under this Coverage Form. Defense costs are part of, and not in addition to, the limits of insurance, and the payment of defense costs reduces the limits of insurance.
However, this Aggregate Limit only applies to injury or damage that is subject to an aggregate limit of insurance under the controlling underlying insurance. c. Subject to Paragraph 2.b. above, the Each Occurrence Limit is the most we will pay for all ultimate net loss including defense costs under this insurance for all injury or damage arising out of any one event. Defense costs are part of, and not in addition to, the limits of insurance, and the payment of defense costs reduces the limits of insurance.
3. If any controlling underlying insurance has a policy period that is different from the policy period of this Coverage Form then, for the purposes of this insurance, the retained limit will only be reduced or exhausted by actual payment(s) made in full by the controlling underlying insurer for injury or damage covered under this insurance.
4. The Limits of Insurance shown in the Declarations will not ever be reinstated.
SECTION III - CONDITIONS
The following conditions apply. In addition, the conditions applicable to any controlling underlying insurance are also applicable to the coverage provided under this insurance unless superseded by the following conditions.
1. Appeals
If the controlling underlying insurer or insured elects not to appeal a judgment in excess of the amount of the retained limit, we may do so at our own expense. We will also pay for taxable court costs, pre-and post-judgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section II - Limits Of Insurance.
2. Bankruptcy
a. Bankruptcy Of Insured
Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Form.
b. Bankruptcy Of Controlling Underlying Insurer
Bankruptcy or insolvency of the controlling underlying insurer will not relieve us of our obligations under this Coverage Form.
However, insurance provided under this Coverage Form will not replace any controlling underlying insurance in the event of bankruptcy or insolvency of the controlling underlying insurer. The insurance provided under this Coverage Form will apply as if the controlling underlying insurance were in full effect and recoverable.
FFX 8000 02 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 4 of 7
3. Duties In The Event Of An Event, Claim Or Suit
a. You must see to it that we are notified as soon as practicable of an event, regardless of the amount, which may result in a claim under this insurance. To the extent possible, notice should include:
(1) How, when and where the event took place;
(2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the event. b. If a claim is made or suit is brought against any insured, you must:
(1) Immediately record the specifics of the claim or suit and the date received; and (2) Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other insured involved must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or suit;
(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the suit; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will do or omit to do anything to prejudice our rights under this Coverage Form, and no insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.
4. First Named Insured Duties
The first Named Insured is the person or organization first named in the Declarations and is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other Named Insureds for giving and receiving of notice of cancellation or the receipt of any return premium that may become payable. At our request, the first Named Insured will furnish us, as soon as practicable, with a complete copy of any controlling underlying insurance and any subsequently issued endorsements or policies which may in any way affect the insurance provided under this Coverage Form.
5. Cancellation
a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation.
b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least:
(1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice.
6. Changes
This Coverage Form contains all the agreements between you and us concerning the insurance afforded. The first Named Insured is authorized by all other insureds to make changes in the terms of this Coverage Form with our consent.
No change in, modification of, or assignment of interest under this Coverage Form shall be effective except when made by written endorsement to this Coverage Form which is signed by our authorized representative. This Coverage Form shall become subject to any changes upon the effective date of the changes in the controlling underlying insurance, but only upon the condition that we agree to follow such changes by written endorsement attached hereto and the FFX 8000 02 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 5 of 7 Insured pays when due any additional premium required by us relating to such changes and / or agrees to any amendment of the provisions of this Coverage Form required by us relating to such changes.
7. Maintenance Of / Changes To Controlling Underlying Insurance The insured warrants that the retained limit, where applicable, as shown in the Schedule of Controlling Underlying Insurance, shall be unimpaired as of the effective date of this policy.
Any controlling underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of aggregate limits in accordance with the provisions of such controlling underlying insurance that results from injury or damage to which this insurance applies.
Such exhaustion or reduction is not a failure to maintain controlling underlying insurance. The Insured, not the Insurer, will bear the risk that any controlling underlying insurance is or may be uncollectible.
This Coverage Form will not drop down for any reason, including, but not limited to, the uncollectibility (in whole or in part) of the controlling underlying insurance, even if such uncollectibility is due to the financial impairment or insolvency of the issuer of any controlling underlying insurance. Coverage under this policy will not be available unless and until all controlling underlying insurance has been exhausted by the actual payment by the controlling underlying insurer of the applicable retained limit as shown in the Schedule of Controlling Underlying Insurance.
The first Named Insured must notify us in writing with full particulars as soon as practicable in the event:
a. Any controlling underlying insurance is cancelled, not renewed, replaced or otherwise terminated; b. The limits or scope of coverage of any controlling underlying insurance is changed; c. The aggregate limits of liability of any controlling underlying insurance become exhausted; d. Any controlling underlying insurance is not maintained in full effect during the policy period; or e. Any insurer issuing any controlling underlying insurance becomes subject to receivership, liquidation, dissolution, rehabilitation, or similar proceeding or being taken over by any regulatory authority.
8. Other Insurance
a. This insurance is excess over, and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Form.
When this insurance is excess, if no other insurer defends, we may undertake to do so, but we will be entitled to the insured's rights against all those other insurers.
b. When this insurance is excess over other insurance, we will pay only our share of the ultimate net loss that exceeds:
(1) The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Form; plus
(2) The total of all deductible and self-insured amounts under all that other insurance.
9. Premium Audit
a. We will compute all premiums for this Coverage Form in accordance with our rules and rates. b. If this policy is auditable, the premium shown in this Coverage Form as advance premium is a deposit premium only. At the close of each audit period, we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit premium is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured.
c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request.
10. Loss Payable
Liability under this Coverage Form does not apply to a given claim unless and until:
a. The insured or insured's controlling underlying insurer has become obligated to pay the retained limit; b. The full amount of the applicable retained limit described in a. above has been exhausted as a result of actual payment made in full by a controlling underlying insurer; and FFX 8000 02 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 6 of 7 c. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured, claimant, controlling underlying insurer (or a representative of one or more of these) and us, and first-party claim amount that we, at our sole discretion, agree in writing to be necessary and reasonable.
11. Legal Action Against Us
No person or organization has a right under this Coverage Form:
a. To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Form or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, controlling underlying insurer and the claimant or the claimant's legal representative.
12. Transfer Of Defense
a. Defense Transferred To Us
When the limits of controlling underlying insurance have been exhausted, in accordance with the provisions of controlling underlying insurance, we may elect to have the defense transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the controlling underlying insurance had the applicable limit not been exhausted.
b. Defense Transferred By Us
When our limits of insurance have been exhausted our duty to provide a defense will cease.
We will cooperate in the transfer of control of defense to any insurer specifically written as excess over this Coverage Form of any outstanding claims or suits seeking damages to which this insurance applies and which would have been covered by the controlling underlying insurance had the applicable limit not been exhausted.
In the event that there is no insurance written as excess over this Coverage Form, we will cooperate in the transfer of control to the insured and its designated representative.
13. When We Do Not Renew
If we decide not to renew this Coverage Form, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
14. Claims-Made Extended Reporting Period
a. Any provisions under the controlling underlying insurance relating to an Extended Reporting Period for which a separate premium charge is made do not apply to this insurance, unless an Extended Reporting Period is purchased under this insurance.
b. An Extended Reporting Period, consistent with the terms, conditions and duration of any Extended Reporting Period available in accordance with the terms of any controlling underlying insurance, will be available for this Coverage Form by endorsement, for an additional charge, if:
(1) This policy is cancelled or not renewed; or
(2) This policy is renewed or replaced with insurance that:
i. Has a Retroactive Date later than the date shown in the controlling underlying insurance; or ii. Does not apply to injury or damage on a claims-made basis. c. If this policy and the controlling underlying insurance are cancelled or not renewed and an Extended Reporting Period has been provided under the controlling underlying insurance, then an Extended Reporting Period will be available for this Coverage Form. The Extended Reporting Period available under this Coverage Form will be consistent with the terms, conditions and duration of any Extended Reporting Period provided in accordance with the terms of the controlling underlying insurance.
FFX 8000 02 22 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 7 of 7 d. You must give us a written request for the Extended Reporting Period endorsement under this Coverage Form no later than the time allowed to purchase such endorsement under the controlling underlying insurance. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due and any premium you owe us for coverage provided under this policy. e. We will determine the additional premium in accordance with our rules and rates. In doing so, we may take into account the following:
(1) The exposures insured;
(2) Previous types and amounts of insurance;
(3) Limits of Insurance available under this policy for future payment of damages; and (4) Other related factors.
15. Notices
All notices under this policy shall be given as provided for in the controlling underlying insurance. In addition, all notices to us under this policy shall be sent to the address below or any substitute address as provided by us:
Berkley Environmental
Attention: Claims Department
101 Hudson Street, Suite 2500
Jersey City, New Jersey 07302
SECTION IV - DEFINITIONS
The definitions applicable to any controlling underlying insurance also apply to this insurance. In addition, the following definitions apply.
1. Actual payment means remittance in currency, not credits or debits, from a controlling underlying insurer to an insured or a claimant.
2. Controlling underlying insurance means any policy of insurance or self-insurance listed in the Declarations under the Schedule of Controlling Underlying Insurance.
3. Controlling underlying insurer means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of Controlling Underlying Insurance.
4. Defense Costs means any reasonable and necessary fees charged by an attorney and designated by the company, and where the insured has the right to select independent counsel, the rates we would actually pay to counsel that we retain in the ordinary course of business in the defense of a similar claim or suit in the community where the claim or suit arose or is being defended, as well as other reasonable and necessary costs, including expert witness and court reporters, in connection with the investigation, adjustment, settlement, defense or appeal of a claim or suit. It does not include the salaries of our regular employees or supervisory counsel retained by us, or any cost or expense incurred by the insured in assisting in the investigation or defense of the claim or suit.
5. Event means an occurrence, offense, accident, act, discovery, claim or suit or other event, to which the applicable controlling underlying insurance applies.
6. Injury or damage means any injury or damage, covered in the applicable controlling underlying insurance arising from an event. 7. Retained limit means the available limits of controlling underlying insurance applicable to the claim.
8. Ultimate net loss means the amount covered by this Coverage Form, after reduction for recoveries, or salvages collectible, that the insured becomes legally obligated to pay as damages by reason of:
a. Defense costs, settlements, judgments, binding arbitration; plus b. Other binding alternate dispute resolution proceeding entered into with our consent, plus c. Any first-party claim amount that we, at our sole discretion, agree in writing to be necessary and reasonable.
FOLLOW FORM EXCESS LIABILITY COVERAGE FORM
SCHEDULE OF CONTROLLING UNDERLYING INSURANCE
Policy Number: FFX202766317
UNDERLYING LIMITS OF INSURANCE POLICY
POLICY TYPE PERIOD
General Liability $ 2,000,000 Each Occurrence Limit 12/01/2025 to
$ 2,000,000 Personal & Advertising Injury 12/01/2026
CARRIER&
POLICY NUMBER
Nautilus Insurance
Company
ECP202766218
Limit
$ 4,000,000 General Aggregate Limit (Other
than Products/Completed
Operations)
$ 4,000,000 Products/Completed
Operations Aggregate Limit
$ 1,000,000 Employee Benefit Liability -
Each Employee Limit
$ 1,000,000 Employee Benefit Liability -
Aggregate Limit
Pollution/Professional $ 2,000,000 Contractors Pollution Liability 12/01/2025 Limit to
$ 1,000,000 Professional Liability Limit
12/01/2026
Commercial Automobile $ 1,000,000 Liability - Combined Single 12/01/2025 Limit to
Employer's Liability12/01/2026
$1,000,000 Bl by Accident - Each Accident 12/01/2025
Coverage B Limit to
$1,000,000 Bl by Disease - Policy
12/01/2026
Nautilus Insurance
Company
ECP202766218
Key Risk Insurance
Company
BAP202766117
State Compensation
Insurance Fund
9243819
Aggregate Limit
$1,000,000 Bl by Disease - Each
Employee Limit
The coverages and limits shown above are provided by the policy(ies) of controlling underlying insurance.
FFX 8002 07 18 Page 1 of 1