TRANSPORTATION STUDIES, INC. 3 - 2005

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.> ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY INSURED: Transportation Studies, Inc. United States Fidelity & Go.r. POLICY NUMBER: BK01961249 POLICY PERIOD: 10/01104 to 10/01105 ADDITIONAL iNSURED: City of Santa Ana This summary endorsement modifies insurance provided under the following: Additional Insured: The following is added to Section II. WHO IS AN INSURED: Any person Qr organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" if first committed, but only with respect to that person's or organization's liability arising out of"yaur work'.. for that person or organization. However, such person Of organization is not an insured with respect to any: (1) "Bodily injury", "property damage", "personal injury" or "advertising injury" that does not arise out of: (a) Your negligence; or (b) The negligence of another person or organization for whom you are liable; (2) "Bodily injury", "property damage", "personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) "Property damage", to:(a)Property owned. used or occupied by, or loaned or rented to such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; Of (c) "Your Work" performed for the insured; or (4) "Bodily injuryn, "property damage", "personal injury" or "advertising injury" arising out of any architect's, engineer's Of surveyor's rendering of, or fa.ilure (0 render, any "professional service", when such person or organization is an architect, engineer or surveyor. Aggregate Limit of Insurance (Per Project): The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. Notice of Cancellation: We may cancel this policy by mailing (tirst class mail only) or delivering written notice of cancella.tion at least <1. 10 days before the effective date ofcancdlation if we cancel for non-payment of premium; or b. 30 days before the effective date ofcancelJation if we cancel for any other reason. CL/BF 26 09 09 03 Abbreviated Other Insurance: The following replaces SECTION IV. Conditions. 5. ..Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non-contributory with, ....other insurance" issued directly to a person or organization added as an additional insured under Section ll. WHO IS AN INSURED 2.; if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such "olher insurance". This insurance will then applied as primary insurance for damages for "bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization. and we will not share those damages witb such "other insurance". Separation of Insureds: Except with respect to the Limits of Liability, and any rights or duties specifically assigned in the Coverage Part to the First Named Insured, this insurance applies: a. As ifeach Named Insured were the only Named Insured,& b. Separately to each insured against whom claim is made or "suit" is brought. Transfer of Rights of Recovery and Proceeds Against Others to Us (Waiver of Subrogation): The following is added to Section IV. Condition, 8.: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an Additional Insured under WHO IS AN INSURED, 2.: a. Because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of " your work" in ongoing operations or included in the "products-completed operations hazard"; and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such person or organization. ~ I\( Countersigned by AuthoTlz Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Service Office, Inc. 2001. Printed in U.S.A.