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ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT <br />THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY <br />INSURED: Transportation Studies, Inc. United States Fidelity & Guar. <br />POLICY NUMBER: BK01961249 <br />POLICY PERIOD: 10/01/04 to 10/Ol/OS <br />ADDITIONAL INSURED: City of Santa Ana <br />This summary endorsement modifies insurance provided under the following: <br />Additional Insured: The following is added [o Section <br />II. <br />WHO IS AN INSURED: <br />Any person or organization [ha[ you agree [o add as an <br />insured under this Liability Coverage Pan in a written <br />contract or agreement that is made before, and in effect <br />when, the "bodily injury" or "property damage" occurs or <br />the offense that causes the "personal injury" or "advertising <br />injury" if first committed, but only with respect to that <br />person's or organization's liability azising out of "your <br />work" for [hat person or organization. However, such person <br />or organization is not an insured with respect [o any: <br />Q) "Bodily injury", "property damage", "personal injury" or <br />"advertising injury" that does not arise out of: (a) Your <br />negligence; or (b) The negligence of another person or <br />organization for whom you are liable; <br />(2) "Bodily injury", "propeny damage", "personal injury" or <br />"advertising injury" for which such person or organization <br />has assumed liability in a contract or agreement, except for <br />liability for damages that such person or organization would <br />have in the absence of the contract or agreement; <br />(3) "Property damage", to:(a)Propeny owned, used or <br />occupied by, or loaned or rented [o such person or <br />organization; (b) Property over which such person or <br />organization is for any purpose exercising physical control; <br />or (c) "Your Work" performed for the insured; or <br />(4) "Bodily injury", "property damage", "personal injury" or <br />"advertising injury" arising out of any architect's, engineer's <br />or surveyor's rendering of, or failure [o render, any <br />"professional service", when such person or organization is <br />an architect, engineer or surveyor. <br />Aggregate Limit of Insurance (Per Project) <br />'fhe General Aggregate Limit applies separately to each of <br />your projects away from premises owned by or rented to <br />you. <br />Notice of Cancellation <br />We may cancel this policy by mailing (first class mail only) <br />or delivering written notice of cancellation at least <br />a. 10 days before the effective date of cancellation if we <br />cancel for non-payment of premium; or <br />b. 30 days before [he effective date of cancellation if we <br />cancel for any other reason. <br />Other Insurance: The following replaces SECTION IV. <br />Conditions, 5. "Other Insurance", a. Primary Insuranoe, (2): <br />(2) However, this insurance will be considered primary to, <br />and non-contributory with, "other insurance" issued directly <br />to a person or organization added as an additional insured <br />under Section Q. WHO IS AN INSURED 2.; if you <br />specifically agree, in that written contract or agreement, that <br />this insurance must be primary to, and non-contributory <br />with, such "other insurance". This insurance will then <br />applied as primary insurance for damages for "bodily <br />injury", "property damage", "personal injury' or <br />"advertising injury" to which this insurance applies and that <br />are incurred by such person or organization, and we will not <br />share those damages with such "other insurance". <br />Separation of Insureds <br />Except with respect [o the Limits of Liability, and any rights <br />or duties specifically assigned in the Coverage Pan to the <br />First Named Insured, this insurance applies: <br />a. As if each Named Insured were the only Named Insured,& <br />b. Separately to each insured against whom claim is made or <br />"suit" is brought. <br />Transfer of Rights of Recovery and Proceeds Against <br />Others to Us (Waiver of Subrogation): <br />The following is added to Section IV. Condition, 8.: <br />However, we waive any right of recovery and proceeds we <br />may have against any person or organization that is added as <br />an Additional Insured under WHO IS AN INSURED, 2.: <br />a. Because of payments we make for "bodily injury", <br />"propeny damage", "personal injury" or "advertising injury" <br />arising out of "your work" in ongoing operations or included <br />in the "products-completed operations hazard"; and <br />b. Performed under a written conVact or agreement that is <br />made before, and in effect when, the "bodily injury" or <br />"property damage" occurs or the offense that causes the <br />"personal injury' or "advertising injury" is committed; and <br />c. You speoifieally agree in such written contract or <br />agreement to waive those rights of recovery and proceeds for <br />such person or organization. <br />.~ .i <br />r <br />Countersigned by Authonz~ Rep esenta rve <br />CL/BF 26 09 09 03 Includes copyrighted material of Insurance Services Office with its Printed in U.S.A. <br />Abbreviated permission. Copyright, Insurance Service Office, Inc. 2001. <br />h <br />