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HomeMy WebLinkAboutTRANSPORTATION STUDIES, INC.INSURANCE ON FILE WORK MAY PROCEED N-2019-236 cJWIL INSURANCE EXPIRES /0-0/ -,,L O CLERK OF COUNCIL DATE: NOV 0 4 2019 C • p AGREEMENT TO PROVIDE TRAFFIC COUNTING SERVICES ON AN ON -CALL BASS TIIIS AGREEMENT is made and entered into this Ist day of November, 2019 by and between Transpoitatidt StLYdits, "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 anon -.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: I. 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 S50 oo. 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 1 of 9 3. TERM This Agreement shall commence on the datefirst 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 alloged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"), Consultant shall require all s'ubconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subeonsultant 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 any way in its use of tine 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 $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Workers' Compcnsation Insurance. Ira 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 $1,000,000 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 (H) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certi�6cates 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 shrill supply City with a frilly 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, clamages, 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 1, of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant 's services are subject to Civil Code Section 2782,8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, Page 4 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 shalt 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 curing 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 (late of final payment to Consultant under this Agreement. 11, CONFIDENTIALIT'Y 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 even( less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other coin rnunication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered it, person or mailed by first class or certified mail, postage prepaid, or sent by tax or other telegraphic communication in the manner provided in this Section,, to the following persons: Page 5 of 8 To City: Clork of the City Comicil 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: Transportation Studies, Inc. 2460 Walnut Avenue, Suite H Tustin, CA 92780 Attn: Patti A, Talton, 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 twciaty-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 SAND 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 liereto, 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 terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Page 6 of 8 Consultant rally not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 1.6. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing aid signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a contint.ung waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. Tn such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City dooms appropriate. b. Payment need not be made for work which faits to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIAIINATION 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. JIJRISDICTION-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 venuo 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 N-2019-236 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 terns 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. 4, 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. A Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: - J61n M. Funk Assistant City Attorney E OMMENDEDFORAPPROVAL Fuad SAAweiss, PE, PLS ExecutiAADirector Public ks Agency CITY OF SANTA ANA KKx stine Ridge City Manager CONSULTANT Name: PgTfl A i©LTOHI Title: _P,Q,z�:S /.b,5ill% Page 8 of 8 Appendix ATTACHMENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR TRAFFIC COUNTING SERVICES RFP NO.; 19-069 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 traffic counting services may also include the bi-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 firrn(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 I. City staff shall have the right to modify, reduce, or delete the services as needed by City. I. 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. III. City shall retain an option to renew on the same terms and conditions as set forth herein for 1 additional one-year term, for a total maximum total of 3 years, 13.SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data forvarious studies on an as -needed basis. This may include, but not be limited to 24-hour ACT counts, 24-hour entering traffic volume counts, intersection turning movement counts for 2, 4, or G-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 1 g-0G9 Page A1.1 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 to 25 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 (sarnple In Attachment 9), • 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 intersection pedestrian 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 280locations 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 every three (8) months. Computerized files shall also be provided upon city' staff request. Gily of Santa Ana RFP 1S-0139 Page Al-2 EXHIBIT B TSITransportation Studios, Inc, A Traffic Data Collection Company CITY 0I' , AN7AANA Pee Schedule 2019-2020 24 Flom Machine Counts (Bi-Direellonal or directional) 1 to 300 Locations $ 29,50 per location 24 Hour Maeldile Counts (Appro(Ich) 4 Leg Intersection $ 100.00 per location 3 Leg Intersection $ 75.00 per location 2 Leg Intersection $ 50.00 per location Adrurual Turning Movement Counts I person per location $ 31.25 per hour 2 people per location $ 62.50 per hour 24 Hour Speed and Axle Classification Counts 2 Lanes $ 80.00 per location 3-4 Lancs $ 160.00 per location Radar Surveys I -100 Locations $ 35.00 per location / per hour I00-over $ 30.00 per location/ per hour Video Count $ 25.00 per Flour Video Only $ 10.00 perIlour 2640 Walnut Avenue, Strite 0 - Tustin, CA 92780 - (714) 508.3612 - Fax (714) 508-3602 GOItI7 CERTIFICATE OF LIABILITY INSURANCE DATE I MMIDDNYYY, 09122/2019 THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HDLDER. 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 en ADDITIONAL INSURED, the pollcy(las) must have ADDITIONAL INSURED provisions or be ondorsod. If SVBROGATION IS WAIVED, Bubjectto the terms and conditions of the policy, certain policies may require an endoreemont. A statement on this certificate does not confer rights to tho certlflcata holder In IIev of such endorsoment(B), PRODUCER C NTAJennie CA rcla NAME: The Emplre Company PNCNE -- 550 North Park Center Drive rcAN�,txn. Arc Not; lgercie�emplro-da.com Suite 2.06 ADDRESS: --"-- "-" _ I NSURER(81 AFFORDING COVERAGE NAICa Santa Ana CA 92705 INSURER A: Ohio Security Insurance Company 24082 INSURED INSURER s; American Fire and Casually Insurance Company 24066 Transportation 8Indies Inc INSURER c I United States Llabllily Insurance Company 26595 2640 WolnUl AvO Ste L INSURER D; INSURER E: Tustin CA 92780 1INSURER F; COVERAGES CERTIFICATE NUMBER; 2019-2020 Master REVISION NUMBER ]'HIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE 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. ILTR _ TYPE OF INSURANCE ATI ll BCBR � POLICY NUMBER POUCYEFF MMI00%YYY MMIO C /YYYY1 LIMITS MERCIAL GENERAL LIABILITY O OCCUR T EACH OCCURRENCE S 1,000,000 "MMADITCLAIMS-MADE RF Isf Ss w S 600,000 MEO EIIP (Arty ups p0Rnn1 S 16,000 A BK859050934 10101/2019 1DID112020 PERSONAL aAOV INJURY $ 1,000.000 OEN',AOORCOATE LIMITAPPLIES PER: _ POUCY EJECT LOC GENERALAOGREOATE $ 2,000,000 PRODUCTB-COMPIOPAGG S 2,000,000 _ OTHER: Expense Mod Factor 1 $ AUTOMOBILE LIABILITY Ea .admo1aINGLE LIMIT E 1,000,000 X ANYAUTO BODILY INJURY (Par Person) b A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BAS60050934 W/01/2019 10/61/2020 BODILY INJURY ((Pal e.W.tro $ Per acd a Uninsured material $ 1,000,000 X UMBRELLA LIAe OCCUR B"' EACH OCCURRENCE ffi 11000,000 B EXCESS UAB cIAIMs-MADE USA59050934 10/01/2019 10/0112020 AGGREGATE _ a 1,000,000 QED X REfF:NnON 9 1O,OOtl $ __ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOPUPARTNERIEXECUTNB YIN OFFICERIMEMBER EXCLUOEDR (Mandatary In NEI II yes, dasedbe Under DESCRIPTION OF OPERATIONS LeIow N/A XWES9050934 10/01 /2018 - — �10/Ot/2020 "- " >PER OTH STP.TUTE ER E.L_EACH ACCIDENT $ 1,000;000 E.L. OIGEASE-CA EMPLOYEE 5 1,000,000 EL. DISEASE POLICY LIMIT $ 1,W0,000 _ C ERRORS & OMISSIONS SPI022743H 10/0112019 1D/0112020 LIMTT DEDUCTIBLE $1,000,000 $1,D9D DESCRIPTION OF OPERATIONS LOCATIONS I vEHiCLEE (ACORD 101, Additlpnel Rpmpds Bahadal% may be allacdod It m.....ma la requlmdl no. Agreement to Provide Tmlf c Counting Services on an On -Call Basis pC Me CRY of Santa Ana, Its officers. employees, agents, volunteers and representatives are named is additional Insureds with pdm uyVncn-con9lbWO IEWED & APPR wording In respect to line general Ilabllly Coverage per forms GG50100413 alleched as required by written contract. By Fsk MANACIEMEM V nD O9 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Santa Ana, Risk Management Dlvlsloll, ACCORDANCE WITH THE POLICY PROVISIONS. 4th Floor AUTHORIZED REPRESENTATIVE 11 20 Civic Center Plaza Santa Ana CA 92702 01988.2016 ACORD CORPORATION, All rights reserved. ACORD 25 (20%03) The ACORD name and logo are registered marks of ACORD EAL fi s R COMMERCIAL GENERAL LIABILITY CO 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART L _EX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES AAND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY. ADDITIONAL INSURED EXTENSION 8 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 0 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORWMALPRACTICE AND WHO IS AN 8 INSURED - FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU REVIEWED & APPROVEU By Risk MANAGEMENT pn11SiON FRANCINE R. VILLAREAL ® 2013LIb6rty MuIuallnsuancs Ce 68 10 0413 Induces oopyrlghled material of Insurance 8e1vlc8e081oe, Inc„with Its permission. Pago 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Scotian I - Coverage A - Bodily Injury And Property Damago Liability, exclusion U. Aircraft, Auto Or Wntorcraft does not apply to an nlrcraft provided: 1. It Is not owned by any Insured; 2. It Is hired, chartered or loaned with a trained paid drew; 3. The pilot In command holds a currently effective certhloato, Issued by lha duly constituted authority of the United States of America or Canada, designating her or hlm a commercial or airline pllotl and 4. It Is not being used to carry persona or property for a charge. "3 However, the Insuranoo afforded by this provision does not apply If there Is available to the Insured other valid and collectible Insurance, whether primary, excess (other than Insurance written to apply specifically In excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision, B. NON -OWNED WATERCRAFT e Under Paragraph 2, Exclusions of Section I • Coverago A - Bodily Injury And Property Damage Liability, _ Subparagraph (2) of exclusion g, Aircraft, Auto Or Watercraft Is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that Is: (a) Less than 52 foot long; and (b) Not being used to carry persona or property for a charge, C, PROPERTY DAMAGE LIABILITY - ELEVATORS 1, Under Paragraph 2. Exclusions of Section I • Coverage A . Bodily Injury And Property Damage Liabll- Ity, Subparagraphs (3), (4) and (6) of exclusion J, Damage To Property do not apply If such "property damage" results from the use of elevators, For the purpose of this provision, elevators do not Include vehicle IlflsVehicle lifts are Ilfta or hoists used In automobile service or repair operations. 2, The following Is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b, Excess Insurance; The Insurance afforded by this provision of this endorsement Is excess over any property Insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) s If Damage To Premises Rented To You Is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Proporty Is replaced by the follow- s Ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises ronlad to you for a period of 7 or fewer consecutive days; or (II) Contents that you rent or lease as part of a promises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of promises ranted to you for a period of 7 or fewer consecutive days, A separate limit of Insurance applies to this coverage as described In Section Ill - Limits of Insurance. (( (.' gg ����rt rr�� g} ,A9 (�rr�ggtr��ryry�1 ! 9�LVIEYYEV &r' PPRVY.Er,. O 20t9 Liberty Mutual Insurance [j (iryk CG 88 10 04 13 Inoludus copyrighted material of Insurance Services Office, Ine.,wilh Its permssion. Ya��CfFNT OIVIg(pN M s r E. F. b. Thu last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions a. through nu do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporal occupied by you with permission of the owner. A separate limit of Insurance applies to Damage To Premises Rented To You as doscrlbed In Section III - Limits of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance Is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premlaes Rented To You Umlt Is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with pormisslon of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a promises rental or lease agreement, 3, As regards coverage provided by this provision 0. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a, of Definitions is replaced with the following; omises 9a A contract for a that Indemnities lany aperson oof iroorganization s. r folradamage by fire, lightnningfoexplosion ofsmoke, or leakage from automatic fire protection systems to contact while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are Included In your premises rental or lease agreement, Is not an "Insured contract". MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments Is not otherwise sxcludod, the Medical Payments provided by this policy are amended as follows; Under Paragraph 1. insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are Incurred and reported within three years of the date of the accident; and EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1, Under Supplementary Payments • Coverages A and B, Paragraph 1.b• Is replaced by the following: d boMISO of c law ons b ouuttof$3,000 theuseorfanytof vehclel oonds whichethersBodlly Injury LlabllldtynCo eragefiapplies. We arising Up don nut have to furnish these bonds. 2• Paragraph 1.d. is replaced by the following; at our request the d All defenseoof tile the claim ors"suit". Includind by g ctualdloss of earnings tupassist $600 anday because tioor of time off from work. G, ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT J. Paragraph 2. under Section II Who Is An Insured Is amended to Include as on Insured tiny person or organization wham you have agreed to acid as an additional Insured In a written contract, written agmamont or parmlt. Stich parson or organization Is on additional Insured but only with respect to Inability for "bodily Injury", "properly darnaga" Or "personal and advertising Injury" oatlsad In whole or In part by: a. Your acts or omissions, or the acts or oma$lons of those acting on your behalf. In the performance Of your on going operations for the addltlonal Intiurod that art) the subject Of the written contract or written agreement provided that the "bodily Injury" or "propurty damage" occurs, or the "per- sonal and advertising Injury" Is committed, subooquonl to the elgrnlag of such written contract or written agreement, or REVIEWED&APPROVED ® 2e13t.lberly MUtual Insurance By RISK MANM7EMENT DIVISION CG 88 10 04 13 Includes copyrighted material of Insurance 8ervlces Office, Inc.,wlth Its permission. Page 3 of 8 FRANCINE R. VILLAREAL b, Premises or faollltles ranted by you or used by you; or Q. The maintenance, operation or use by you of equipment rented or loosed to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdlvlslon has Issued a permit subject to the following additional provisions; (1) This Insurance does not apply to "bodily Injury" "properly damage", or "personal and ad- vertising Injury" arising out of the operations performed for the state or political subdlvlslon; (2) This Insurance does not apply to "bodlly Injury" or "property damage" Inoludod within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following REM hazards: t� (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canoples, cellar entrances, coal holes, driveways, manholes, marquees, h hoist away openings, sidewalk vaults, street banners, or decorations and slmllsr oxpo- suns; or (b) The construction, orectlon, or removal of elevators; or (a) The ownership, maintenance, or use of any olevelors covered by this Insurance, 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 Insur- ance afforded to such additional Insured will not be brooder than that which you are required by g the contract or agreement to provide for such additional Insured, With respect to Paragraph I.e. above, a person's or organization's status as an additional Insured under this endorsement ends when: (1) All work, Including malerlals, 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 Inetlred(e) at the location of the covered operations has boon cofnpioled; or (2) That portion of "your work" out of which the Injury or damago 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, With respect to Paragraph 1,b, obove, a person's or organization's status as an addltlonal Insured under this endorsement ends when their written contract or written agreement with you for such promises or facilities ends. M With rospoc(s to Paragraph 1.c, abovo, this Insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor, c The Insurance provided by this endorsement applies only If the) written contract or written agreement Is signed prior to the "bodlly Injury" or "properly damage". We have no duty to defend an additional Insured under this endorsement until we receive written notice of a "stilt" by the additional Insured as required In Paragraph Is. of Condition 2, Duties In the Evart Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condl• tlons. © 20131-Ihorty Mutual Insurance CO 88 10 04 13 Includes copyrlghed material of Insurance Sorvices Offloo, Ina., with Ito permission REVIEWED & APPROVED By Risk P119ho%fTfl D"ViSi ON OCT 212019 FRANCINE R. VILLAREAL x 2, With respect to the Insurance provided by this endorsement, the following are added to Paragraph 2, Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This Insurance does not apply to: a, "Bodlly Injury" or "property damage" arising from the sole negligence of the additional Insured. b, "Bodily Injury" or "properly damage" that occurs prior to you commencing operations at the location where such "bodily Injury" or "properly damage" occurs. c. "Bodily Injury", "property damage" or "personal and advertising Injury" arlsing out of the render- Ing of, or the failure to render, any professional architectural, engineering or surveying services, Including: (1) The preparing, approving, or falling to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and spechlontlons; or (2) Supervisory, Inspection, architectural or engineering activllles, This exclusion applies even If the clalms agalnst any Insured allege negligence or other wrongdoing In the supervision, hiring, employment, training or monitoring of others by that Insured. If the "occur- rence" which caused the "bodily Injury" or "properly 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. d. "Bodlly Injury" or "property damage" occurring after: In connectlon (1) All e project (otherthantservice,pmaintenanceatio or p orrnrepairsl) to be h be performed by or such work, on hon behalf of the additional Insurod(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the Injury or damage arises has been put to Its Intended use by any person or organlzallon other than another contractor or subcontractor engaged In performing operations for a principal as a part of the some project. o byyapseparate r ADDITIONAL organization sINSURED -OWNERS, LESSEES fically designated as an IIORaCONTRACTORS l Insured for gendor eoing mn Anerson endorsement is- sued by us and made a part of this policy, a, With respect to the Insurance afforded to these addltlonal Insureds, the following Is added to Section III • Limits of Insurance; If coverage provided to the additional Insured Is required by a contract or agreement, the most we will pay on behalf of the additional Insured Is the amount of Insurance: a, Required by the contract or agreement; or b, Available under the applicable Limits of Insurance shown In the Declarations; whichever Is less. This endorsement shall not Increase the applicable Limits of Insurance shown In the Declaratlo no, H, PRIMARY AND NONCONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition a, Other insurance of SECTION IV • COMMERCIAL GENERAL LIABILITY CONDITIONS Is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making Its policy excess, and you have agreed In a written contract or written agreement to provide the additional Insured coverage on a primary additional nlnspolicy contrlutQry basi ,this damages shall be primary and we will not seek contribution from REVIEWED & AY'PROVU, O 20131-Iborty Mutual Insurance By R15k MANAGE'MrNT n"'rlSlON Includes copyrighted materiel of Insurance Services Office, Ina,wlth Its permission, Page a of a cc as 10 oa 1s Pv o � � �19 FRANCINE R. VILLAREAL b. The following Is ridded to Paragraph b, Excess Insurance: When a written contract or written agreement, other than a promises lease, facilities rental contract or agreement, an equipment rental of lease contract or agreement, or permit Issued by a stale or political subdivision between you and an additional Insured does not require this Insurance to be primary or primary and non-contributory, this Insurance Is excess over any other Insurance for which the cook tlonal Insured Is designated as a Named Insured. Regardless of the written agreement between you end an additional Insured, this Insurance Is excess over any other Insurance whether primary, excess, contingent or on any other basis for which the additional Insured has been added as an additional Insured on other policies. L ADDITIONAL INSUREDS • EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional Insured under any form �= or endorsement under this policy, 1, The following is added to Condition 2, Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional Insured under this endorsement will as soon as practloable; a, ONE written notice of an "occurrence" or an offense that may result In a clalm or "suit" under this Insurance to u% b. Tender the defense and indemnity of any claim or "suit" to all Insurers whom also have Insurance available to the addtlonal Insured; and c. Agree to make available any other Insurance which the additional Insured has for a loss we coverunder this Coverage Part. d, We have no duty to defend or Indemnify an additional Insured under this endorsement until we receive written notice of a "suit" by the additional Insured. 2. The limits of Insurance applicable to the additional Insured are those specified In a written contract or wrhten agreement or the limits of Insurance as staled In the Declarations of this policy and defined In Section III • Limits of Insurance of this policy, whichever are loss. These limits are Inclusive of and not In addition to the limits of Insurance available under this policy. J, WHO IS AN INSURED INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO 15 AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of section II • Who Is An Insured Is replaced with the following: (1) "Bodily Injury" or "personal and advertising Injury": (a) To you, to your partners or members (If you are a partnership or joint venture), to your members (if you are a Ilrnited liability company), to a oo-"employee" while In the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "vofuniaer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -'employee" or "volunteer worker" ae a consequence of Paragraph (1) (a) above; n (a) For which there Is any obllgation to share damages with or repay someone else who must pay damages because of the Injury described In Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or falling to provide professional health care earvicos, However, If you are not In the business of providing professional health care services or providing profes- alonal hooith care personnel to others, or If coverage for providing professional health care sec vices Is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (n) «anti (b) above do not apply to "bodily injury" or "personal and ndveffising Injury" caused by an "ompioyrm'l who in noting In a supervisory capacity for you. Supervisory eapaalty as used heroin means the "wriployea's" job rasponsibllllles assigned by you, includes the direct supervision of other "ornplpy ooe" of yours. However, none of these "employees" are Insureds for "bodily Injury" or "personal and 0 2013 ubany Mutual insurance REVIEWED & APPROVtL CO 80 10 04 13 Includes copyrighted material of Insurance Services Office, Ina„with Its permission. By RCrtrg/NI{{y$'N A6',ErMnrrfT II } d Ul i FRANCINE R. VIIJAREAL M t K. L. advertising Injury" arising out of their willful conduct, which Is defined as the purposeful or willful Intent to cause "bodlly Injury" or "personal and advertising Injury", or caused In whole or In part by their Intoxica- tion by liquor or controlled substances. The coverage provided by provision J. Is excess over any other valid and collectable Insurance available to your "employee", NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3, of section II • Who Is An Insured Is replaced by the following; 3, Any organization you newly acquire or form and over which you maintain ownership or majority Interest, will qualify as a Named Insured If there Is no other similar Insurance available to that organization, However; a, Coverage under this provision Is afforded only until the expiration of the policy period In which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily Injury" or "properly damage" that occurred before you acquired or formed the organization; and c, Coverage B does not apply to "personal and advertising Injury' arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization Is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that Is not shown as a Named Insured In the Declarations or qualifies as an Insured under this provision. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following Is added to Condition 6. Repre• sometlons; Your failure to disclose all hazards or prior 'occurrences" existing as of the Inception date of the policy shall not prejudice the coverage afforded by this policy provided such fallure to disclose all hazards or prior 'occurrences" Is not Intentional, M, KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV • Commerclal General Liability Conditions, the following Is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim or Suit: Knowledge of an "occurrence", offense, claim or "suit' by an agent, servant or 'employed" of any Insured shall not In Itself constitute knowledge of the Insured unless an Insured listed under Paragraph 1. of Section 11 • Who Is An Insured or a person who has boon designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee", N, LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision Is effective In your state. O. BODILY INJURY REDEFINED Under Section V • Definitions, Definition 3, Is replaced by the following: or sustained 3 "Bomental angily uish, mental ans physical shook, fright orsdeathl thataresults from bsuchperson. physicall Injury,s Includes noes or disease. REVIEWED & APPROVILfu ® 2013 Llbsrty mutual Insurance By 12is1< MANfAGEMrN' nNdsjnN CG BB 10 04 13 Includes copyfightad material of Insurance Services Office, Ina, with Its permission, Page 7 of a i 2 19 FRANCINppfE 1RViLLAREA►- P. EXTENDED PROPERTY DAMAGE Exclusion a, of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Is replaced by the following: a, Expected Or Intended Injury "Bodily Injury" or "property damage" expected or Intended from the standpoint of the Insured. This exclusion does not apply to "bodlly Injury" or "property damage" resulting from the use of reasonable force to protect persons or properly. T Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US . WHEN REQUIRED IN A CONTRACT QRAGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following Is added to Condition 8, Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organixallon because of payments we make for Injury or damage arlsing out of your ongoing operations or "your work" done under a contract with that person or organization and Included In the "products -completed operations hazard" provided: 1. You and that person or organization have agreed In writing In a contract or agreement that you s waive such rights against that person or organization; and g 4= 2, The Injury or damage occurs subsequent to the execution of the written contract or written agree- ment. Im r REVIEWED & APPROVEL By Risk MANAGEMIFNT nivisiarl 0 20131.I1rerty Mutual Insurance C G 88 10 04 13 Includoo copyrighted material of Insurance Servloos Office, Inc,.wlth Ito ponnission, p q #{ 2 19 FRANCINE R. VIIJ 1REAL Francine R. .d by r,�..... P. i,m Villareal acoRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 09/28/2020 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. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jennie Garcia NAME: The Empire Company PHONE (714) 836-9945 FAX (714) 836-9946 E IC. No Ext . AIC No 550 North Park Center Drive ADDRESS: Igarcia@empire-co.com Suite 205 INSURER(S)AFFOROING COVERAGE NAICN Santa Ana CA 92705 INSURERA: Ohio Security Insurance Company 24082 INSURED INSURER B. American Fire and Casualty Insurance Company 24066 Transportation Studies Inc INSURERC, United States Liability Insurance Company 25895 264D Walnut Ave Ste L INSURER D'. INSURER E Tustin CA 92780 INSURER F: COVERAGES CtFICATE NUMBER: 2u-zi Master REVISION NUMBER: In lb Is IU GEKI IF I HAI I HE 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 CONTRACTOR OTHER DOCUMENT VVITH RESPECTTO WHICH THIS CERTIFICATE MAYBE 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 LTR TYPE OF INSURANCE ADDL INSD 9999 WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM/DD/1EXP LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE RENTE PREMISES Ea occurrence $ 5001000 MEDEXP(Anyoneperson) $ 16,000 A BK859050934 10101/2020 10/01/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE X LIMITAPPLIES PER: POLICY D JECT PRO ❑ Loc GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMPIOP AGG $ 2,000,000 $ OTHER- AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT Ea accident $ 1000,000 X BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY BAS59050934 10/0112020 10101/2021 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident)$ Uninsured motorist s 1,000.000 B X UMBRELLA UAB EXCESS LIAB X OCCUR CLAIMS -MADE USA59050934 10101/2020 10101/2021 -- W6 _` �• •a•— EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 OEO I X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMSER EXCLUDED? F1 NIA XWS59050934 10/01/2020 10/0112021 X PER STATUTE EORH EL EACH ACCIDENT $ 1,000,000 EL. DISEASE -EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE -POLICY LIMIT $ 1,000,000 Errors &Omissions Each Claim $1,000.000 C SP10227431 10/01/2020 10/01/2021 Aggregate $2,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS i VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space Is required) Re: Agreement to Provide Traffic Counting Services on an On -Call Basis The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insureds with primary/non-contributory wording in respect to the general liabilty coverage per forms CG88100413 attached as required by written contract. City of Santa Ana, Risk Management Division, 4th Floor 20 Civic Center Plaza Santa Ana ACORD 25 (2016103) CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD The ACORD name and logo are registered marks of ACORD RI6i4181agariesd Di$fsion REVIEWED & APPROVED BY.' �llii:llJCL' F4.s-w.�.+�a R. v:.Q!I Risk Management Analyst COMMERCIAL GENERAL LIABILITY CG 86 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS PAGE 2 F E EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES AAND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG B8 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissioi Risk Marug..d Division nth �i REYn D & APPRDV®BY: f i;. V:PPanra$ Risk Management Analyst With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically _ in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG B8 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissioi Risk Marug..d Divisian nth �i REVIEWED & APPROVED BY: f i;. V:PPanra$ Risk Management Analyst It. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through in. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage' to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract" E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: It. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: all. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury' is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG B8 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissioi Risk Marug..d Division nth �i R[vi D & APPROVED BY: f i;. V:PPanra$ Risk Management Analyst b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard" (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. 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 insur- ance afforded to such additional insured will not be broader than that which you are required by ry the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage" We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG B8 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissioi Risk Marug..d Division �i REVIEWED 6APPROVBJ BY: f i;. V:PPanra$ Risk Management Analyst 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury' or "property damage' arising from the sole negligence of the additional insured. b. "Bodily injury' or "property damage' that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing 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 "occur- rence" 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. d. "Bodily injury' or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. 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: a. Required by the contract or agreement; or b. 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 Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG B8 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissioi Risk Marug..d Divisian �i R[vieweD 6 APPROVED BY: f ✓?. V:PPanra$ Risk Management Analyst b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and noncontributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury': (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury' or "personal and advertising injury' caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily inj " " © 2013 Liberty Mutual Insurance CG B8 10 04 13 Includes copyrighted material of Insurance Services Office, Ine-with its permissioi Risk Marug..d Division �i R[vierreD 6 APPROV®BY: f i;. V:PPanra$ Risk Management Analyst advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury', or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED ORADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee" N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG B8 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissioi Risk Marug..d Division nth �i REVIEWED &APPRDVBD BY: f i;. V:PPanra$ Risk Management Analyst P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to 'bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT ORAGREEMENT WITH YOU = Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer 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' done under a = contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG B8 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permissioi Risk Marug..d Division nth �i R[vi D & APPROV® BY. f i;. V:PPanra$ Risk Management Analyst