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HomeMy WebLinkAboutNATIONAL DATA AND SURVEYING SERVICES, INC.N-2019-218 OCT5 ZQjg AGREEMENT TO PROVIDE TRAFFIC COUNTING T, SERVICES ON AN ON -CALL BASIS Zc�1r�C�L V-t THIS AGREEMENT is made and entered into this 1st day of November, 2019 by and between National Data and Surveying Services, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 18, 2019, the City issued Request for Proposal No, 19-069, by which it sought consultants to provide traffic counting services on an on -call basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 19-069. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that were described in the scope of work that was included in RFP No. 19-069 and that is attached as Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, including any extension periods, shall not exceed $50,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. Page I of 8 3. TERM This Agreement shall commence on the date first written above and terminate on October 31, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one 1-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8; Section 16000, et seq„ ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable '`public works or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. S. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement; be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employer -employee relationship; a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes; unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estinaates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant udder this Agreement ("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in Page 2 of 8 representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark; or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this; Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically; or by other paeans. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is; through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect; which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: Page 5 of 8 any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subconsultants, if any; to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability. insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage; in the total amount of $1,000,000 per occurrence; with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance; or equivalent form, with a combined single limit of not less than $1000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $'1 000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section; (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Page 3 of 8 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City, (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election; to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination, Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents; employees; consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subconsultants, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects; arising from this Agreement: The Consultant further agrees to indemnify, hold hannless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant 's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to; or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City; its officers, agents, Page of To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana; CA 92702-1988 Fax 714- 647-6956 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA "92702 Fax 714-647-5635 To Consultant: National Data and Surveying Services, Inc. 1535 S. La Cienega Blvd Los Angeles, CA 90035' Attn: Avi Tashman, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address; If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded, 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasinuch as this Agreement is intended to secure the specialized services of Consultant, Page 6 of Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment; transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subjectto this Agreement performed by City personnel or by other consultants retained by City. No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure; right or remedy: No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, light or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. 'TERMINATION This Agreement may be ternvnated by the City upon thirty (30) days written notice of termination. in such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such ease such work product shall, be the property of the City unless prohibited by law; and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, ,marital status, sexual orientation; age;, national origin; ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19, JURISDICTION=VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 8 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b-. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: /IV. hn M. Funk Assistant City Attorney RECOMMENDED PPROVAL Fuad S. Sweiss, PE, PIT - Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager CONSULTANT Name: by I-TcLtnYl\Q� Title: GEb Page 8 of 8 EXHIBIT A Appendix ATTACHMENT1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TRAFFIC COUNTING: SERVICES RFP NO.: I9-069 DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services. Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic. In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants; the annual contract for trafficcountingservices may also include the bl-annual city-wide Average Daily Traffic study, City-wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and/or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, if requested. From the proposals received, one or two firm(s) will be selected, The City' will enter into an agreement with the frm(s), As traffic counting needs are Identified, they will be requested on as needed basis. The City reserves the right to assign the work in any manner which will best serve the City's interests. A. IMPLEMENTATION h City staff shall have the right to modify, reduce, or delete the services as needed by City.. 11. The term of the contract shall be for 2 years which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney; whichever occurs last. ill, City shall retain an option to renew on the same terms and conditions as set forth herein for 1 additional one-year term, fora total maximum total of 3 years. B.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as -needed basis, This may Include, but not be limited to 24-hour ADT counts, 24-hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6-hour, etc. periods, hourly pedestrian counts, bicycle counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to City of Santa Ana RFP 19-069 Page Al-1 the City: For each ADT volume count, a two -directional 15-minute count sheet with hourly totals, similar in format to the sample in Attachment 5. Note: Consultant must be able to provide up to25 simultaneous count locations for neighborhood traffic counts. • For each entering traffic volume count; a 15-minute count sheet with hourly totals, containing all legs of the intersection (sample in Attachment 5)'. • For each manual turning movement count, a 15-minute count sheet for each count period, with the actual peak hour(s) identified (sample in Attachment 5). Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City, For each intersectionpedestrian count, a 15-minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations, • For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2-month period, b. "Traffic Census" booklet (summary of ADTs),25 bound copies and the associated electronic files. c, If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the city will furnish the count data collected by the "secondary Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. d. Before the Consultant(s)begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and "Traffic Census" booklet will be delivered, Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format everythree (3) months. Computedaed files shall also be provided upon city' staff request. National Data & Surveying Services EXHIBIT B City of Santa Ana SPECIAL Pricing TURNING MOVEMENT GOUNTS MANUAL TURNING M6VEMENT coUNTS 2 Hour ITM $110 4 Hour ITM $140 6 Hour ITM $200 (Each Additional Hour) $32 4 Hour ITM $165 6 Hour ITM $242 (Each Additional Hour) $38 _ PEDESTRIAN OR BIKE COUNTS 4 Hour ITM $140 (Each Additional Hour) $32 MACHINE COUNTS AXLE CLASSIFICATION OR SPEED DATA 24 Hour Single Volume (Per Day) $40 24 Hour Bi-Directional (Per Day) $42 24 Hour Speed or Class $105 (Consecutive Additional Day) $48 24 Hour Speed & Class $1 15 (Consecutive Additional Day) $53 ADDITIONAL,SERVICES RADAR SPEED STUDIES; RADAR SPEED GUN (100 SAMPLES MIN) $50 CAMERA SURYEiUANCE Camera Installation (24 Hours) $150 (Consecutive Additional Day) $50 Video Review (Per Camera, Per Person) $25 Video Delive (Per Project/ One Time Fee) $50 PARKING STUDIES invenrory Per Technician (Per Hour) $45 Occupancy Technician (Per Hour) $45 Turnove Technician (Per Hour) $45 Processing (Per Hour) $10 OR Ik DESTINATION STUDY ** Cost is Determined By The Scope of Each Project** TRAVEL TIME STUDIES Travel Time Runs $120 (Per Vehicle, Per Hour) SPECIALTY GPS Asset Inventory (Per Hours) $80 Sign Reflectivity invent (Per Hours) $80 CERTIFICATE OF LIABILITY INSURANCE OATE(MMIDOIYYYY) 9/23/2019 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 pollcy(les) 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 Hunts to the certificate holder In lieu of such ondorsement s . PRODUCER tlVN AC. Yehuda Kaplan ROSEWOOD RISK MGMT & INS SOLUTIONS 7162 Beverly Blvd, Ste 180 LOB Angeles, CA 90036 nnoM> 323 899-3081 "" e,{816) 895-9169 �ILm y ap an rrmis cam -- —� License#:OH38577 INSURER AFFORDING COVERAGE INSURFRA Insurance Company NAICP 10673 INSURED National Data and Surveying Services INSURERBI US Fire Ins. Co. 1113 1535 S La Cienega Blvd INSURORQ, StarStone National Insurance Cc 254 66 Los Angeles, CA 90035 INSURCRD:4BE Insurance Cc 392 7 (323) 782-0090 Company ,Penn-Amer.lea Insurance COVF_RAGES CERTIFICATE IJUNIHER� _ RFVISON NUMBER'. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. N07WITI'ISTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT ID 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.. LIMI rS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, A TYPE OF INSURANCE I c r) -NPR POLICY E I POLICYYYYv LIMITS $ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000 000 CLAIMS -MADE ® OCCUR , 100, 000 McDF P A"°°°" "`"°" CPV0029824 9/17/19 9/17 /20 g -- 5000 - A F Y Y PERSONALNAOV INJURV �^^^-�------ PAV0201504 $ 1J 000�000 33HN'LAGORS�i�tiTGLIMII`APPLIES PER: pENF.RAL AGGREGATE $ 2, 000r000 POLICY I.X JECOT ®LOC PRODUCTS-COMPIOPAGG InClUded _ .w Deductible $ 2,500 AUrOMDBILELIABILITY jltrtU�INEO SWQI,E L! fl "t $ g ANYAUTO BODILY INJURY IPPr person) USF 133-746231-6 9/17/199/17/20 $ OWNED BCHEDULED BODILY INJLIRY(Par acaid-10 B AUTOS ONLY AUTOS y y $ HIRED NON -OWNED '9'rY DAMAGE x. R $ AUTOB ONLV AUTOS ONLY UMBRELLA LIAR $ OCCUR EACH OCCURRENCE $ 5,000,000 [' �( E%CEBS LIAR CLAIMS-MAOE Y Y AGGREGATE 77763H196ALI 9/17/199/17/20 —• X gg,TFNun3i10L000 WORKERS COMPENSATION X PER Ole EMPLOYERVUABILITY -111 .--. 9/17/199/17/20 .. ANY PROPRIETORIPARTNERIE%ECUTIVE P0014-CE191653604C E.I EACH ACCIDF_Nr $ ir000r000 D OrrICCRIMEMBrR EXCWDED7 NIA Y (Mar,Mcry h NH) F„( DISEASE -EA EMPLOYEE $ r r 6 roa.aannlbo urldw - •Y e" 9" N4 _ 1, 000� 000 PN'RI T! nP u,l �� E P9LI r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addlllonal Romarks Schadds may Ire ellaehadil more spas a le required) City of Santa Ana its officers, employees, agents and representatives are provided additional insured status on a primary and noncontributory basis as required by written contract or agreement. A Waiver of Subrogation is in favor of the additional insured. 30 Days Notice of Cancellation, 10 Days for Non Payment of Premium. Risk Management Division 4th Floor SHOULD ANY OF THE ABOVE DESCRIBFD POLICIES BE CANCELLED BEFORE 20 Civic Center Plaza THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEIJVERED IN ACCORDANCE W ITH T'HE POLICY PROVISIONS. Santa Ana, CA 92702 REVIEWED & APPROVED AUTHORIZED REPRESENTATIVE By disk MANACEMENT DivisivN 21 ((�} if(�$ © 1988-2015 ACORD CORPORATION. All rights reserved, ACORD 25 (2016/03) t"f ,f?�il laEid I pare registered marks of ACORD FRANCINE R, VILLAREAL National Data and Surveying Services DBA All Traffic Data POLICY NUMBER: CPV0029824 and PAV0201504 COMMERCIAL GENERAL LIABILITY Effective:09/17/2019 to 09/17/2020 CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization(a): City of Santo Ana its aP Eicera, employees, a9en[F and repzesoneativee are provided additional inaurad statue on a primary and nonoonuriburory basis as re.yv i,ed by wait een contract or ayreemsn1 A Waiver of Subrogation is in favor of I'.he addi iional insured 30 says 40tila of COnnellation. 10 Daya for Men PaymenC of VLeinl Uln. City of Santa Ana Risk Management Division 4th floor 20 Civic Center plaza Santa Ana, CA 02002 A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the Insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, REVIEWED & APPROVED By Risk IN'IANACiEMENT DiviSiON i T 1, FRANCINE R. VILLAREAL CG 20 26 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 National Data and Surveying Services DBA All Traffic Data Policy Number: CPV0029824 and PAV0201504 Effective: 09117/2019 to 09/17/2020 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to SECTION IV -CONDITIONS, Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work' and included in the "products completed operations hazard" provided you have agreed to do so in writing in a contract or agreement with that person or organization. All other terms and conditions of the policy apply. City of Santa Ann its ogDem, employees, egame red representatives an pmvld.d addillenal insured status on o pdm,ey and noneonlrfbulory basis as required by written contract or agreement.. A Welvor of Subrogname Is in fever of the additional Inaumd. 00 Days Notion of Cancellation, 10 Days for Non Payment of Promium. City of 5ante Ann Risk Management Divielan 41h Floor 20 Civic Center Plaza Santa Ana, CA 92702 REVIEWED & APPROVED By Risk ivl, NACICNIfNT Dit isigry t02 Q FRNGINE �, YILi! to„2 EPA-1719 (0112014) Includes copyrighted material of ISO Commercial Risk Services, Page 1 of 1 Inc. with its permission. Copyright, ISO Commercial Risk Services, Inc. National Data and Surveying Services DBA All Traffic Data Policy Number: CPV0029824 and PAV0201504 Effective: 09/17/2019 to 09/17/2020 * Qroup THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL_ INSURED PROVISION This endorsement modifies insurance under the following: Commercial General Liability Coverage Part With respect to the Additional Insured and the Project shown in the schedule below only, paragraph 4. Other Insurance of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: This insurance is primary and will not contribute with any other insurance if a loss we cover arises out of the sole negligence of the Named Insured, Schedule Additional Insured BLANKET WHERE REQUIRED BY WRITTEN CONTRACT - COPIES OF EACH CERTIFICATE ISSUED IS ON FILE WITH THE INSURANCE COMPANY AND/OR THEIR LEGAL REPRESENTATIVE. Project City of Santa Ana its.1i ompleyees, egenle and mprasentativee are provided additional insured status on a primary and noncontributory basis as required by written contract or ngreamark. A Waiver of Submgallan Is In favor of Ida addlilonal Insured. 00 Days Nolioo of Cancellation, 10 Days for Non Payment of Premium. City of Santa Ana Risk Min rgarnant Division Min Floor 20 Clvic Center Plaza Santa Ana, CA 92702 REVIEWED I APPROVED By Risk MANAGeMENT DiviSi0N FRANC INE R. VILLAREAL S2154 (04/08) Page 1 of 1 Carrier: United States Fire Insurance Company Policy No., USF 133-746231-6 Insured: National Data and Surveying services Effective; 09/17/2019 to 09/11/2020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. Broadened Insured Status 2, Blanket Additional Insured When Required Under Written Contract SCHEDULE 14. Audio, Visual, And Data Electronic Equipment 15, Loan/Lease Payoff Coverage 3, Employee Hired Autos Liability Coverage 16, Airbag Coverage 4. Employees As Insureds 5. Coverage Extensions — Supplementary Payments 6. Limited Fellow Employee Coverage 7, Limited Hired Auto - Physical Damage Coverage — Private Passenger (Includes Employee Hired Autos Physical Damage Coverage) 8. Custom Signs And Decoration 9, Extended Towing Coverage 10. Glass Breakage 11, Reimbursement For Increased Temporary Transportation Expense For Private Passenger And Commercial Vehicles 12, Extra Expense — Stolen Vehicles 13. Personal Effects Coverage 17, Multiple Deductible Protection — Covered "Auto" And Trailer 18. Duties in The Event Of An Accident, Claim, Suit, Or Loss 19. Non -Owned Auto Waiver Of Subrogation 20. Blanket Waiver Of Subrogation When Required Under Written Contract 21. Coverage Territory — Short Term Hired Commercial "Autos" 22. Limited Mexico Coverage 23. Unintentional Failure To Disclose Hazards 24, Mental Anguish Resulting From "Bodily Injury" 25. Waiver Of Sovereign Immunity 26. Application Of This Endorsement REVIEWED & APPROVED By Risk MANAgemEVT II T0, 1 (=#? NONE R. VILLAREAL FM 114.0.1378 11 11 Page 1 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. 1. Broadened Insured Status SECTION II - LIABILITY COVERAGE, Paragraph A. Coverage, Subparagraph 1. Who Is An Insured is amended to include as an insured: A. Any subsidiary which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Form, while using with your permission a covered "auto." However, the insurance afforded by this provision 1.A, does not apply to any subsidiary that is an insured under any other automobile liability policy, or would be an insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance. B. Any organization you newly acquire or form, and over which you maintain majority interest, while using with your permission a covered "auto", The insurance afforded by this provision 1.B.: 1. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. 2. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization. 3, Does not include any newly acquired or formed organization that is: a. A joint venture or partnership; or b. An insured under any other automobile liability policy, or would be an Insured under such policy but for the termination of such policy or the exhaustion of such policy's limits of insurance. 2. Blanket Additional Insured When Required Under Written Contract Paragraph A.I. Who Is An Insured under SECTION II — LIABILITY COVERAGE is amended to add: d. Any person, organization or governmental entity with respect to the operation, maintenance, or use of a covered "auto" if you are required to add such person, organization or governmental entity to this policy as an additional "insured" in order to comply with the terms of a written contract or written agreement. This Additional Insured status is not conferred when such written contract or written agreement: (1) Involves the owner or anyone else from whom you hire or borrow a covered "auto" unless it is a "trailer" connected to a covered "auto" you own; or (2) Is executed after the date of "accident" or "loss"; Paragraph d.(2) above does not apply if: (a) the terms and conditions of the written contract or written agreement had been agreed upon prior to the "accident" or "loss"; and (b) you can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". Paragraph a. of Condition 5. Other Insurance of Part B. General Conditions under Section IV — Business Auto Conditions is amended by the addition of the following: Regardless of whether other insurance is maintained by an additional insured on a primary basis, the coverage provided by Provision 2. of the Commercial Auto Broad Form Endorsement will be primary to and noncontributing with other insurance maintained by the additional insured if the written contract or written agreement between you and the additional insured specifically requires that this insurance be primary. FM 114.0.1378 11 11 Page 2 of 10 r_ Includes copyrighted material of Insurance Service Offiee, Inc. vvith its permission. � � g 3. Employee Hired Autos Liability Coverage The following is added to the Who Is An Insured Provision of SECTION II — LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a written contract or written agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 4. Employees As Insureds The following is added to the Section II —LIABILITY COVERAGE, Paragraph A.1, Who Is An Insured Provision: Any "employee" of yours while using with your permission a covered "auto" you don't own, hire or borrow if such "auto" is being used in your business or your personal affairs. 5. Coverage Extensions - Supplementary Payments Paragraphs a.(2) and a.(4) under SECTION II — LIABILITY COVERAGE, Paragraph 2.a. Supplementary Payments are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased to $5,000; and 2. In a.(4), the limit for the actual loss of earnings is increased to $1,000 per day. 6. Limited Fellow Employee Coverage The following is added to Subparagraph 5. Fellow Employee under Paragraph B. Exclusions in SECTION II - LIABILITY COVERAGE: But this exclusion does not apply if: a. the "bodily injury" results from the use of a covered "auto" you own or hire, and b. you have Workers Compensation insurance In force covering all of your "employees." Such coverage as is afforded by this provision is excess over any other collectible insurance. 7. Limited Hired Auto - Physical Damage Coverage - Private Passenger (Includes Employee Hired Autos Physical Damage Coverage) The following is added to Subparagraph 1, under Paragraph A. Coverage under SECTION III —PHYSICAL DAMAGE COVERAGE: d. Limited Hired Auto — Physical Damage — Private Passenger If hired "autos" are covered "autos" for Liability Coverage, and if Physical Damage Coverage of Comprehensive or Collision is provided under this Coverage Form for any "auto" you own, then Comprehensive and Collision Physical Damage Coverages as provided under SECTION III — PHYSICAL DAMAGE COVERAGE of this Coverage Part are extended to "autos" of the private passenger type you or your employee hires under a written contract or written agreement without a driver, at your direction, for the purpose of conducting your business, subject to the following: (1) The most we will pay for "loss" to any hired "auto" is $35,000 or the actual cash value or cost to repair or replace, whichever is the least, minus a deductible. (2) The deductible will be equal to the largest deductible applicable to any owned "auto" of the private passenger type for that coverage, or $1,000, whichever is less. FM 114.0.1375 11 11 Page 3 of 10 Includes copyrighted material of Insurance Service Office, Inc. with Its permission (3) Limited Hired Auto — Physical Damage — Private Passenger coverage is excess over any other collectible insurance. (4) Subject to the above limit, deductible, and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own of the private passenger type insured under this policy. Coverage includes loss of use of that hired auto, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern, The most we will pay for any one "accident" is $20 per day subject to a maximum of $1,000. If a limit for Hired Auto — Physical Damage is shown in the Schedule, then that limit replaces, and is not added to, the $35,000 limit indicated above. This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 8. Custom Signs And Decoration The following is added to Paragraph A. Coverage 1. under SECTION III — PHYSICAL DAMAGE COVERAGE: In the event of a total loss to an "auto" insured for auto physical damage coverage on this policy, in addition to the actual cash value of the "auto", we will pay the actual cost to repair or replace signage or custom paint details up to $5,000. 9. Extended Towing Coverage If the named insured carries Comprehensive and Collision Coverage for the damaged covered commercial "auto", then this coverage extension 9. applies to that covered "auto." If the damaged covered "auto" is of the private passenger type, then in addition to Comprehensive and Collision Coverage, the damaged covered "auto" must also carry Towing Coverage in order for this coverage extension 9. to apply. The following is added to Paragraph A.2. Towing under SECTION III — PHYSICAL DAMAGE COVERAGE: We will pay for towing and associated labor costs each time a covered "auto" is disabled. All labor must be performed at the place of disablement. If the "auto" is of the private passenger type, there will be no deductible. If the "auto" Is not a private passenger type, a $250 deductible will apply to this coverage but It will not reduce the available limit of insurance. For all types of "autos", the most we will pay under this coverage is $1,000 per disablement. "Autos" which are disabled do not include stolen vehicles. 10. Glass Breakage If you carry Comprehensive Coverage for the damaged covered "auto", then this coverage extension applies to that covered "auto": The following is added to Paragraph A.3. Glass Breakage - Hitting A Bird Or Animal — Falling Objects Or Missiles under SECTION III — PHYSICAL DAMAGE COVERAGE: Any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. If the glass must be replaced and there is no other damage associated with the "loss", the deductible will be $100 unless a lower deductible is shown on the declarations page for this coverage, FM 114.0.1378 11 11 Page 4 of 10 N N A Includes copyrighted material of Insurance Service Office, Inc. with its permission. } �t t 11. Reimbursement For Increased Temporary Transportation Expense For Private Passenger And Commercial Vehicles A. If The Covered "Auto" Has Comprehensive Or Specified Causes Of Loss Physical Damage Coverage: Paragraph a. Transportation Expenses under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is replaced by the following: If your covered "auto" is damaged or stolen and the damage or theft is covered by Comprehensive or Specified Causes of Loss coverage provided by this policy, we will pay LIP to $50 per day subject to a maximum limit of $1,500 for the necessary and actual temporary transportation expenses (including rental reimbursement) incurred by you during the period beginning 24 hours after the theft or damage and ending, regardless of the policy's expiration, a. when the covered "auto" is returned to use or we pay for its "loss" in the event of a total theft of the covered "auto", or b, when the covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier in the event of a "loss" due to a cause other than the total theft of the covered "auto." Except with respect to losses pertaining to the total theft of covered "autos" of the private passenger type, this coverage does not apply while there are spare or reserve "autos" available to you. No deductible applies to this coverage. B. If The Covered "Auto" Has Collision Physical Damage Coverage: If your covered "auto" is damaged and the damage is covered by Collision coverage provided by this policy, we will pay up to $50 per day subject to a maximum limit of $1,500 for necessary and actual temporary transportation expenses (including rental reimbursement) incurred by you during the period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, when the covered "auto" is repaired or replaced, or we pay for its "loss", whichever is earlier. This coverage does not apply while there are spare or reserve "autos" available to you No deductible applies to this coverage. 12. Extra Expense - Stolen Vehicles The following is added under Paragraph A.4.a. Coverage Extensions of SECTION III - PHYSICAL. DAMAGE COVERAGE: We will pay for all reasonable and necessary expenses to return a stolen covered "auto" to the named insured if such covered "auto" carries Comprehensive coverage. FM 114.0.1378 11 11 Page 5 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission.` 1 13. Personal Effects Coverage Paragraph A. Coverage under SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add the following coverage: Personal Effects Coverage 1. We will pay for "loss" to personal property or effects which are owned by an insured and In or on your covered "auto" at the time of "loss" in the event of a total theft of that covered "auto." 2. Subject to Paragraph C. Limit Of Insurance under SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay up to $500 for "loss" of personal property or effects in any one "accident' involving total theft of a covered "auto". This insurance will not apply if, at the time of "loss", the covered "auto' is unattended, unless the 'loss' is the result of forced entry into the covered "auto" while all doors, windows or other openings are closed and locked and there is evidence of forced entry. Under this extension, we will not pay for "loss" to the following: accounts, bills, currency, deeds, evidences of debt, money, notes or securities; electronic equipment or tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment; jewelry, watches, necklaces, bracelets, gems, gold, platinum, silver, furs; animals, birds, or fish or any motorized vehicle. This coverage will be excess over any other collectable insurance. No deductible applies to this coverage. 14. Audio, Visual, And Data Electronic Equipment The sub -limit in Paragraph C.2, of the Limit of Insurance Provision of SECTION III - PHYSICAL. DAMAGE COVERAGE is increased to $1,500. 15. Loan/Lease Payoff Coverage The following is added to Limit of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total 'loss' to a covered "auto' shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto," less; 1. The amount paid under the Physical Damage Coverage Section of the policy, and 2. Any; a. Overdue lease/loan payments at the time of the 'loss' b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage: c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto'. FM 114,0.1378 11 11 Page 6 of 10 Includes copyrighted material of Insurance Service Office, Inc, with its permission. 16. Airbag Coverage If the named "insured" carries Comprehensive and Collision Coverage for the damaged covered "auto', then this coverage extension 16. applies to that covered "auto". The following is added to Subparagraph 3.a. under Paragraph B. Exclusions in SECTION III - PHYSICAL DAMAGE COVERAGE: The accidental discharge of an airbag shall not be considered mechanical or electrical breakdown and therefore shall not be excluded. This provision does not apply to "autos" you hire with a driver and it is excess over any warranty specifically designed to provide this coverage, 17. Multiple Deductible Protection — Covered "Auto" And Trailer If you carry Comprehensive and Collision coverages for the damaged covered "autos', then this coverage extension 17. applies to those covered "autos": The following is added to Paragraph D. Deductible under SECTION III - PHYSICAL DAMAGE COVERAGE: Whenever a covered "auto' and trailer are each damaged in the same "loss" while operating as a combined truck and trailer unit, only one deductible shall apply to the "accident'. The larger of the two deductibles shall apply. If another policy or coverage form issued by us, that is not an automobile policy or coverage form, applies to the same "loss" or "accident", the following applies: 1. If the deductible under this Business Auto Coverage Form is not the largest deductible, it will be waived. 2. If the deductible under this Business Auto Coverage Form is the largest deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 18. Duties In The Event Of An Accident, Claim, Suit, Or Loss A. Subparagraph 2.a, under Paragraph A. Loss Conditions in SECTION IV —BUSINESS AUTO CONDITIONS is amended so that your obligations relative to notification requirements apply only when the "accident' or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An executive officer, insurance manager or any other person designated by you to send notices of "accidents" or "loss" to insurers, if you are a corporation; or 5. A member, if you are a limited liability company. B. Subparagraph 2.b.(2) under Paragraph A. Loss Conditions in SECTION IV — BUSINESS AUTO CONDITIONS is amended so that your obligations relative to providing us with documents concerning a claim or "suit' will not be considered breached unless the breach occurs after such claim or "suit' is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member, if you are a joint venture; 4. An executive officer, insurance manager or any other person designated by you to send notices of claims or "suits" to insurers, if you are a corporation; or 5. A member, if you are a limited liability company. FM 114.0.1378 11 11 Page 7 of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. �F ,�� 19. Non -Owned Auto Waiver Of Subrogation The following is added to Subparagraph 5. Transfer Of Rights Of Recovery Against Others To Us, under Paragraph A. Loss Conditions in SECTION IV — BUSINESS AUTO CONDITIONS: We hereby waive any right of subrogation against any of your officers, directors, or "employees" which might arise by reason of any payment under the insurance afforded by this policy for the operation, maintenance, use, loading, or unloading of non -owned "autos". This waiver extends only to payments in excess of other valid and collectible insurance available to the officer, director, or "employee". 20. Blanket Waiver Of Subrogation When Required Under Written Contract The following is added to Subparagraph 5. Transfer Of Rights Of Recovery Against Others Tb Us, under Paragraph A. Loss Conditions in SECTION IV - BUSINESS AUTO CONDITIONS: However, we waive any right of recovery we may have against a person, organization or governmental entity when you have waived such right of recovery under a written contract or written agreement provided such written contract or agreement is: 1, currently in effect or becoming effective during the terns of this policy; and 2. executed prior to the "accident" or "loss"; or 3. executed after the "accident" or "loss" if: a. the terms and conditions of the written contract or written agreement had been agreed upon prior to the "accident" or "loss'; and b. you can definitively establish that the terms and conditions of the written contract or written agreement ultimately executed are the same as those which had been agreed upon prior to the "accident" or "loss". 21. Coverage Territory - Short Term Hired Commercial "Autos" Paragraph 7. Policy Period, Coverage Territory under Paragraph B. General Conditions in SECTION IV — BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to anywhere in the world if: 1. A covered "auto" of the commercial van, pick-up, or truck type is leased, hired, rented or borrowed for a period of 30 days or less; and 2. The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, the territories and possessions of the United States of America, Puerto Rico, or Canada or in a settlement we agree to. We will also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. FM 114.0.1378 11 11 Page B of 10 Includes copyrighted material of Insurance Service Office, Inc. with its permission. �0 , 2�� - 22. Limited Mexico Coverage WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER, IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR OUTSIDE OF 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph 7. Policy Period, Coverage Territory of the General Conditions is amended by the addition of the following: The coverage territory Is extended to include Mexico but only for: a. "Accidents" or "losses" occurring within 25 miles of the United States border; and b. Trips into Mexico of 10 days or less. Condition 5. Other Insurance of Part B. General Conditions under Section IV - Business Auto Conditions is replaced by the following: T he insurance provided by this Provision 22 will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such 'loss" in the United Slates. If the covered "auto' must be repaired in Mexico In order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1, if the covered "auto' is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. 23. Unintentional Failure To Disclose Hazards The following is added to Paragraph B. General Conditions in SECTION IV — BUSINESS AUTO CONDITIONS: If you unintentionally fail to disclose any hazards existing on the effective date of this policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium due to us as a result of these undisclosed hazards in accordance with our filed rating plans. FM 114.0A 378 11 11 Page 9 of 10 Includes copyrighted material of Insurance Service Office, Inc. with Its permission. 24. Mental Anguish Resulting From "Bodily Injury" The definition of "bodily injury' in SECTION V - DEFINITIONS Is replaced by the following: 'Bodily injury' means physical injury, physical sickness or physical disease sustained by any person, including "mental anguish" or death resulting from any of these. It does not include mental anguish to any person which occurs in the absence of physical injury, physical sickness or physical disease to that person. For the purpose of this provision, the term "mental anguish" shall mean any type of mental or emotional illness or distress. 25, Waiver Of Sovereign Immunity The following provision applies if you are a "governmental entity' or we have added a "governmental entity" to your policy as an additional insured, and the "governmental entity' requires us to obtain permission prior to asserting a defense involving governmental immunity or the jurisdiction of the tribunal over the "governmental entity": We shall not raise any defense involving, in anyway, the jurisdiction of the tribunal over the "governmental entity", the immunity of the "governmental entity' or its commissioners, officers, agents or employees, the governmental nature of such entity, or the provisions of any statutes respecting suits against the "governmental entity' without first obtaining express advance permission from the designated representative of the "governmental entity." Application of this provision shall not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of Insurance. For the purposes of this provision, "governmental entity" means a state, county, district, municipality, town, township, borough, parish, village, or other political subdivision or governmental agency or subdivision. 26, Application Of This Endorsement The coverage enhancements provided by this endorsement apply to the Business Auto Coverage Form. If your policy includes other endorsements in addition to this Commercial Automobile Broad Form Endorsement, and there is a conflict between any of the terms of such endorsement(s) and this Commercial Automobile Broad Form Endorsement, the terms of the other endorsement(s) shall be given priority and control over the terms set forth in this Commercial Automobile Broad Form Endorsement, even if the terms of such other endorsement(s) have the effect of limiting, excluding or reducing the coverage provided under this Commercial Automobile Broad Form Endorsement. All other terms and conditions remain unchanged. FM 114.0.1378 11 11 Page 10 of 10 1 Includes copyrighted material of Insurance Service Office, Inc. with its permission. }i WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 WAIVER OF OUR RIGHTTO 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 0 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description WHEN REQUIRED BY A PERFORMS TRAFFIC DATA COLLECTION WRITTEN CONTRACT AND ANALYSTS National Data and Surveying Services DBA All Traffic Data Policy 8: P0014-CE191653604C Effective Date: 09/17/2019 to 09/17/2020 REVIEWED & APPROVED By frisk MIANA(t emcvT DivisioN PI3ANCINE 4. VILLAREAL WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Pago 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 (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 ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE ENTERED CONTRACT, A CONDITION OF WHICH REQUIRES YOU TO OBTAIN FROM US. THIS ENDORSEMENT DOES NOT APPLY TO BENEFITS OR CLAIMED: 1. PURSUANT TO THE WORKERS' COMPENSATION OR EMPLOYERS' OF KENTUCKY, NEW HAMPSHIRE, OR NEW JERSEY; OR, 2. BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED INTO CONTRACT. National Data and Surveying Services DBA All Traffic Data Policy #: P0014-CEl 91653604C Effective Date:09/17/2019 to 09/17/2020 INTO A THIS WAIVER OR DAMAGES PAID LIABILITY LAWS SUCH A REVIEWED & APPROVED By RiSk MuN4QFMENT DivisiON This endorsement changes the policy to which it Is attached and is effective on the date issued unless otherwise stated.. O 6 V ts. i (The Information below is required only when this endorsement is issued subsequent to preparation of the dfi 1 Endorsement Effective Policy No, Endorsement No. ERANciNE f2 VILLAREA Insured Insurance Company WC 00 03 13 (Ed. 4-84) Copyright 19133 Nalional Council on Carnponsalion Insurance Countersigned By Premium $ Francine Digitally signed by Francine R. Villareal R. Villareal Date: 2020.09.29 11:03:00 -0TO0' AFRO® CERTIFICATE OF LIABILITY INSURANCE DAT9E( M jl2DDD20YYY) 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 endorsements . PRODUCER CONTACT NAME: Yehuda Kaplan ROSEWOOD RISK MGMT& INS SOLUTIONS qIC NNa Ext: 323-8994081 alc No: 816-895-9169 ADDREs, ka Ian rrmis.com 7162 Beverly Blvd, Ste 180 INSURERS) AFFORDING COVERAGE NAICA Los Angeles, CA 90036 INSURER A: PennStar Insurance Company 10673 License#:0H38577 INSURED National Data and Surveying Services INSURER B: US Fire Ins. Co. 21113 INSURER c: StarStone National Insurance Co 25496 INSURER D: OBE Insurance Co 39217 1535 S La Cienega Blvd INSURER E INSURER F: Penn -America Insurance Company 32859 Los Angeles, CA 90035 CA 90035 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER OFF MMNDlYYYY MMIDDIYPOLICY POLICY YYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 1000000 CLAIM6Mo.DE FyI OCCUR DAMAGE TED PREMSESOEa occurrence) 5 100000 MED EY.P (Any one person) 5 5,000 PERSONAL& Am INJURY 5 0 A Y Y CPVUC3S694, PAVC24555C 911712UZU 912112D21 LIMIT APPLIES PER GENERALAGGREGATE 5 2000000 GEN'LAGGREGesTE X PRO POLICY PRO- LOG PRODUCTS-COMPIOPAGG 5 0 Deductible 5 2,500 OTHER: AUTOMOBILE LIABILITY EO BINEDairumat[ISINGLE LIMIT 5 1000000 X ANY AUTO BODILY INJURY (Par person) 5 B AIIT)EEDONLY .S1UT05ULED Y USF 133-748305-02 911712UZU 911712921 BODILY INJURY (Per accident) 5 XHIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident 5 5 UMBRELLA LA X OCCUR EACH OCCURRENCE 5 5,000,000 C X EXCESS LIA. CLAIMS -MADE Y 77763H2O7AL1 911712UZU 912112021 AGGREGATE 5 5,000,000 DED X RETENTION$ 10000 5 D WORKERS COMPENSATION AND EMPLOYERS' LIA BILITY ANY PROPRIETORIPARTHERIEXECUTIN E YIN OFFICERWEMBER ExcwDEDI ❑ NIA Y P0014-CE201653604C 911712020 911712021 X STATUT E ERH EL. EA CH ACCIDENT 5 1000000 E.L. DISEASE -Eo. EMPLOY EE 5 1000000 I Mindat.,in NH) If yes describe under DESCRIPTION OF OPERATIONS bebm E.L. DISEASE - POLICY LIMIT 5 1000000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional RemaMe Schedule, may be attached if more space is required) City of Santa Ana its officers, employees, agents and representatives are provided additional insured status on a primary and noncontributory basis as required by written contract or agreement A Waiver of Subrogation is in favor of the additional insured. 30 Days Notice of Cancellation. 10 Davis for Non Pavment of Premium. City of Santa Ana Risk Management Division 4th Floor 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. rrRiiDI:T:T A1Ie7 T' ..I-ilff T.l ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD n Risk ManagemadDMsian REVIEWED&APPROV®BY: P. mud ®' ®� Risk Management Analyst