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HomeMy WebLinkAboutREDFLEX TRAFFIC SYSTEMS INC. - 2010A -2010 -106 THIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF SANTA ANA AND REDFLEX TRAFFIC SYSTEMS, INC. THIS THIRD AMENDMENT (the "Amendment ") made and entered into this Sr day of SL4_V-1 -L , 2010, by and between REDFLEX TRAFFIC SYSTEMS, INC., a Delaware Corporation, registered to do business in California under corporate entity number C2463262 (hereinafter referred to as "Redflex "), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ( "City "), collectively referred to herein as "the Parties ". RECITALS A. The parties previously entered into an Agreement between the City of Santa Ana and Redflex Traffic Systems, Inc. , number A- 2002 -231, dated December 2, 2002 (the "Agreement "), to provide automated red light photo enforcement in the City of Santa Ana; and, -J LLl 113 V z B. The parties mutually agree to amend certain terms of the Agreement, including, among other a revisions, the term, installation, violation processing, training, compensation, go live and final Z M ° acceptance, insurance, and termination clauses. tLY� �u a � wf .n O z -� Z J The Santa Ana City Council hereby authorizes the Chief of Police to exercise the option to extend the term for a one (1) year period upon the expiration of this five (5) year term, and to exercise the option to extend the term for a second one (1) year period upon the expiration of the first one (1) year extension of said agreement, upon the discretion of the Chief of Police, WHEREFORE, in consideration of the mutual and respective covenants and promises contained herein, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties agree as follows: 1. TERM. Paragraph 1 of the Amendment entered into February 0, 2008, pertaining to the Term in Section 1, is amended as follows: As of the effective date of this Amendment, the term is extended for five (5) years commencing June 18th, 2010. By mutual agreement, the term of this Amendment may be extended by two (2) additional consecutive one -year (1) periods following the expiration of the Initial Term (each, a "Renewal Term" and collectively with the Initial Term, the "Term "). The City has the right to extend by providing written notice to Redflex not less than 30 days prior to the last day of the renewal term. Even after termination of the instant contract, either through expiration of the term or invocation of the termination clause, Redflex will continue to provide the City with evidence packages and prosecutorial support for any violations captured by the red light camera equipment up to the date of termination of the contract. 2. PARAGRAPH 3 - INSTALLATION is amended as follows: With respect to the number of Designated Intersection Approaches mentioned in the first sentence of Paragraph 3 — Installations, the number of approaches is modified to include an additional twenty (20) approaches for a total of up to forty (40) approaches. The installation of such additional approaches, or research of the same by the City, is not required, and is at the sole discretion of the City. Redflex will provide site surveys for proposed approaches to the City at no charge at the request of the City. All other aspects of this paragraph are to remain unchanged. Section J below is now added as follows: j. Redflex construction will be able to utilize existing conduit for installation where space is available. Where it is determined by both parties that additional conduit is necessary, the cost shall be borne by Redflex; however, the City shall provide at no cost the necessary encroachment permits. 3. PARAGRAPH 5 —VIOLATION PROCESSING Section j is amended as follows: EXPERT COURT TESTIMONY: Contractor shall provide expert court testimony for use by City in prosecuting Violations, at no cost, except if expert court testimony from Redflex Traffic Systems Arizona offices is warranted, under which circumstances, expert shall be provided to City on a cost reimbursement basis for reasonable travel expenses only to appear at the venue for court testimony. The City reserves the right to review and scrutinize all travel expenses from Redflex and to refuse payment for unreasonable charges. Routine and unusually frequent testimony from Redflex Traffic Systems Arizona offices shall serve as reasonable cause for termination of the contract pursuant to Paragraph 21 — Termination of the agreement. Request for any expert testimony must be made in writing with no less than fourteen (14) calendar day notification prior to court proceeding, when feasible and allowable. 4. PARAGRAPH 6 — Training Section a is amended as follows: Contractor shall provide training at no cost to the City for up to an additional fifteen (15) personnel of the City during the term of the instant amendment commencing on June 18, 2010. All other aspects of this section are to remain unchanged. 5. PARAGRAPH 10 — COMPENSATION Section a - is amended as follows: Commencing on the execution of this Third Amendment to the Agreement, City shall be obligated to pay Redflex a fixed fee for each Intersection Approach as full remuneration for performing all of the services contemplated in this Agreement as per the following three (3) pricing categories: Category 1: Fixed Fee of $3900.00 per month per approach for each of the following twenty (20) Existing Intersections Approaches: Harbor / McFadden — N/B First St. / Euclid — NB Euclid / First St. — NB 17th St. / Broadway — N/B 17th St. / Bristol St. — NB First St. / Grand — NB Santa Ana Blvd. / Main St. — WB First St. / Fairview — N/B Fairview / First St. — NB Harbor / Warner — N/B Harbor / Westminster — NB Westminster / Harbor — NB Newhope St. / Hazard Ave. — SB Bristol St. / Edinger — N/B 17th St. / Tustin Ave. — WB 17th St. / Tustin Ave. — SB Segerstrom Ave. / Raitt — WB Dyer Rd. / Pullman St. — WB Bristol St. / Segerstrom Ave. — SB Warner / Harbor — WB Category 2: Relocation of up to five (5) approaches, mutually agreed upon by both City and Contractor, will be at no cost to the City. Once the approach relocation is completed, the relocated approaches will be categorized as new Designated Intersection Approaches with a fixed fee of $4750 per month per approach thereafter. Fixed fee for these relocated approaches will be prorated on the monthly billing to reflect the time each new approach is operational. Category 3: For each new Designated Intersection Approach, City shall be obligated to pay Redflex a fixed fee of $4750 per month per approach for each new Designated Intersection Approach as full remuneration for performing all of the services contemplated in this Agreement. Business Assumptions for All Pricing Options: Where improvements to capture additional lanes are added to any of the above approaches, the fixed fee will be increased proportionally by mutual agreement between both parties. In the event that a system is disabled for more than 24 hours, the monthly fee for that system will be reduced to the number of days operational and a prorated fee will apply for that system. However, in the instance of a system disabled for more than 48 hours due to a knockdown, the monthly fee will be prorated after 48 hours. If a system is disabled during a weekend, the monthly fee will be prorated after 48 hours. Section f below is now added as follows: f. FAILURE TO APPEAR: Requests for FTA Reports (Failure to Appear) made within one year of Violator's failure to appear, will be provided at no charge to City. Section g below is now added as follows: g. ROADWAY PROJECTS: Contractor will not be responsible for the construction costs of Roadway or Intersection improvement projects. Contractor shall be responsible for equipment placement for operational system approaches as a result of any roadway or intersection improvement project by City. If a system is deactivated at the City's request due to roadway construction or project, the City will not be billed for the Intersection Approach downtime for that system until the project is completed. 6. PARAGRAPH 11— GO LIVE AND FINAL ACCEPTANCE Section a is added as follows: Redflex will be required to issue at least thirty (30) days worth of warning notices with no charge to the City for each new or moved intersection approach. 7. PARAGRAPH 12 — INSURANCE is amended as follows: Prior to undertaking performance of work under this Agreement, Contractor shall obtain and cause to remain in full force and effect during the Term insurance as described below: Section a is amended as follows: Commercial General Liability Insurance. Contractor 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 there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying bodily and personal injury, including death resulting there from, and property damage, in the total amount of $2,000,000.00 per occurrence, and a general aggregate limit of not less than $5,000,000.00. Limits required can be provided through any combination of primary and excess policies. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit A upon execution of the Agreement and shall be approved in form by the City Attorney. Section b is amended as follows: Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000.00 per occurrence, and a general aggregate limit of not less than $5,000,000.00. Limits required can be provided through any combination of primary and excess policies. Such insurance shall include coverage for owned, hired and non -owned automobiles. Section d is amended as follows: If Contractor is or employs a licensed professional such as an architect or engineer, professional liability (errors and omissions) insurance is required, with a combined single limit of not less than $2,000,000.00 per claim. Section a (iii) is amended as follows: Certificates of Insurance on all policies shall state that the insurer will endeavor to mail the City written notice of not less than thirty (30) days prior to cancellation, except only ten (10) days in the event of cancellation due to non - payment of premium. 8. PARAGRAPH 21— TERMINATION Section a is amended as follows: Any negative ruling or order from any court pertaining to the admissibility of red light camera results, or the legality or sufficiency of the red light camera system, or any other issue that reasonably inhibits the prosecution of red light camera cases shall provide immediate cause for termination. 9. EXCEPT AS AMENDED IN THIS AMENDMENT, all other provisions of the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHERFEOF, the parties hereto have executed this Third Amendment to said Agreement as of the day and year first set forth above. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Joseph W. Fletcher City Attorney Ryan Hod e Deputy City A rney RECOMMENDED FOR APPROVAL Paul M. Walters Chief of Police CITY OF SANTA ANA David N. Ream City Manager REDFLEX TRAFFIC SYSTEMS, INC., Aaron Rosenberg Executive Vice President AC-DRt7 CERTIFICATE OF LIABILITY INSURANCE Dn, i °A E( o` PRODUCER California xnaursnce Center 0"O THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION AJ'G & Cc Ins. Brokers of CA ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 3697 Mt. Diablo Blvd., #300 ALTER THE COVERAGE AFFORDED By THE POLICIES BELOW, Lafayette CA 94549 A Phone: 925- 299 -1112 Irax:925- 299 -0328 INSURERS AFFORDING COVERAGE NAIL # DlsuRen INSURERA Team ilMDYAVA1n" INS. Co. 03/15/10 INSURER B: LISMV MDTULI rlvx INS. CO. 22�lex Traf is 8 pagstIea�s n¢. 50 INSURLRC: aNMAWKI #Ja=CAN 6"emry I?hoenix'AZ3 085 854316 INSURER 6: mum MnWJ6 rim IHa. Co. Cf]VFRAf:pC WSURERE: rAkwung CkeWLrr c 6vnsTr ca 31194 1HE POLICIES Of INSURANCC LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCYPERIOOINDICATED. HOTWTHSTANO]NO ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VM RESPECT TO WFSCH THIS CERTIFICATE MAY BE I$$UED OR MAY PERTAIN. THE *4VRANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS or SUCH POLICFES. AGGREGATE LIMITS SO" MAY HAVE BEEN REDUCED Sy PAID CLAIMS. LTR NSRI TYPE OF INSLIRANCE POLICYNUMBER WOMMUMMW umm A X GEHERALUAmury X COh9NERCW GENERAI.LIABILITY CLAM MADE ® OCCUR A�M�Best; A XV TB&TZ91453980030 ISO rORM CGOOO1 03/15/10 03/15/x1 EACH OCCURRENCE PREMISE $1,000,000 si 000 000' AAeOEXP {Airy orttpNtdt) X PER$O!ALAAOVINWRY .$5,000 f 110()0, 000 X Per project /loc GENERA. AGGREGATE 42 1000,000 GEN'L AGGREGATE �LIMIT .APPLIES PER POLICY 2& X LOG ALHTOY081U1 L.IAb1LTTY PRODUCTS- COHgP10PAG0 ; 2 ODD, p0O 1,000 000 A X AwAuro AsJZ91453980020 43/15/10 03/15 j1l cDMBkIE MoteLBNT {Ea eeadsnl} 31,000,000 AU. OWNED AUTOS BODLYINJURY (Parporow) f SCHEOULEDAUTOS ZSO EORti CAO O ? HIREDAUT08 NON-OWNEFAUTOS X A.M.Best A XV AP V S TO FORM 3 •& BODILY IIQURY (Pff —M 4) ~ s (P,O AA4WE _ GARAGE LIABILITY ANYAUTO Puty ty A#Orney AUTO ONLY -EA ACCIDENT s ATHEIr EAACC : AVTO Y. AGO S EXCESSAIYBROOIAL.IABIUTy EACH OCCUARENCE $19,000,000 B OCCUR ❑ CLA>MSMADE TH2Z91453980040 03/15/10 03/15/11 AGGREGATE f 19 000 000 TAM fast AXV " DEDUCTIBLE ORETENTION $10,000 s f WORMS COMPENSATION AND X T Y H.MPLOYERB''=r A Y WCJZ91453960010 03/15 10 03/15/11 E.L PACHACCIDINT s 1 000, 000 A ANYPROPRIETOWPAJiTNER /EJ(ECIJTIVE j OyFtaFIICEIVMEMSEREXCLUOIDi AM fL�3T A XV SPECG11fPR0V191Ot186ekw EL.01WASE- EAEMPL0IE S 1 000 000 OTHER &LDISEASE- POLICYLBAIT $ 1 000 000 C Errors & omissions PPL10001967500 03/15/10 03/15/11 1 &0 $2,000,000 berliabili AM BEST A XV RateHStioa $35,000 DiSCF1PT10N aF OPPIHATION6! LOCATIONS / Y4sCLE8 / EXCLUSONS ADDED sY ENDDRBEgIIHUHr I SPLt7Al ►ROVrSwt+s Per LG32340907 The City of Santa Ana, CA, its officers, OMPIoye" Band volUntawrs are named as Additional Xnsured as xespeote to Cenral Liability. Coverage .is primarir & non- aontributo=y. CERTIFICATE HOLDER CANCELLATION CI TSANA City of Santa Ana PaulA ColegL&n 20 Civic Canter plaza Santa Ana CA 92702 SHOULD ANY Of THE AHOYE DESCRIBED POLICIES DE CANCSLL EO BEFORE TR£ LVWnOA DATE THP. REOF- INS MANiiIN >lURMR WILL ENOEAVORTOMAIL 30 DAYSw "EN NOTICHTOTNECERTWCA TRHQLOER NAMED TO THIS LfffT BUT FAILURE T000SoaHALL NA POS ENO09LIOATIONORWe(UTYOF ANY KOM UPON THB INSURER ff EN SAOTaOR REPRE$ENTAnm. AUTHORIZE RE ACORD 2r, (2ooma) ' ®ACORDCORP�RATION 1888 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 26 Except with respeot to the Limits. of Insurance, and any rights or duties speoifirally assigned in the General Liability coverage part to the first Named Insured, the General Liability insurance applies: a, As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought Valuable Papers: Policy Number Y02L9L453980060(co.D) Effective 3/15/10 -11 Limit: $250,000 AM Hest A XV Deduatible: 1$5,000 Installation: Policy Number YWL9L453980060(co.D) Effective 3/15/10 -11 Limit: $1,000,000 per occurrence AN Beat A XV Deductible: $10,000 Third Party Fidelity: Travelers Insurance (co.E): policy Number 104$61759 Effective 03 /15/10 to 03/15/1l Limit: $500,000 per claim A.M. Best A +XV Stop Gap coverage fcr•WA & Oil inal on general liability policy * Except 10 Days in the event of cancellation for non -payment of premium THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DirectSolutions for Contmetors (with Professional Liability) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG OD 01. of modified Item 1— REASONABLE FORCE Item 2. - NON -OWNED WATERCRAFT EXTENSION Item 3. - ALIENATED PREMISES Item 4. - PROPERTY IN YOUR CA12E, CUSTODY OR CONTROL Item S. - CONTRACTORS PROFESSIONAL LIABILITY Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 7. - BODILY INJURY TO CO- EMPLOYEES Item 8. - HEALTH CARE PROFESSIONALS AS INSUREDS Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Item 10. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION -- MANAGERS OR LESSORS OF PREMISE$ Item 11. - MANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 12. - BLAAIKETADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION Item 13. - ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS Item 14. - ADDITIONAL INSURED — STATE' MUNICIPALITY OR POLITICAL SUBDIVISION •PERMITS Item 15. - ADDITIONAL INSURED AND WAIV13R OF SUBROGATION — LrSSOR OF LEASED EQUIPMENT Item 16. - KNOWI-WGE OF OCCURRENCE I rem 17. - UNINTENTIONAL ERRORS AND OMISSIONS Item IS. - BODILY INJURY REDEFINITION Item 14. - MOBILE EQUIPMENT REDEFINITION Item 20. - SUPPLEMENTARY PAYMENTS Item 21. - LIBERALIZATION These changes broaden the policy sections dceeribed unless dlffetittg Ipnguagc is separately endorsed to the coverage Part. Item 1. - REASONABLE FORCE Exclusion a. of Coverage A is replaced by the following Expected or Intended Injury "Bodily injury" or "Property dames" expected or intended from the standpoint of the insun:d This exclusion does not apply to "bodily injury,' or "property damage" resulting from the use of reasonable fo:cc to protect persons or property. Item 2. - NON -OWNED WATERCRAFT EX'T'ENSION Subparagraph g•(2) of Exclusion g. of CovecW A (Section I - Coverages) is replaced by the following (2) A watercraft you do not own that is: (a) Less than 55 fret long= and (b) Not being uscd for public tranaportadoD or as a common carrier. Item 3.. ALIENATED PREMISES replaced bythe fallowing. clusioru of Section I — Coverages -- Bodily Injury And Property Damage Tiabaity is LG 32 34 09 07 Page 1 of 8 (2) Premises you sell, give away, or abandon, if the "Property damage" arises out of any part of those premises, and occurs from hazards that were known by you, or should have rcaaanab}y beeakmown by you, at the time the FOPerty was transferred or abandoned. Item 4, . PROPERTy IN YOUR CATU✓u CUS'T'ODY OR CONTROL Subparagraphs (3) and (4) of exclusion j, of coverage A. do not apply except to (a) borrowed equipment, or (b) "property damage" to Property in your care, custody and control while in transit This insurance does not apply to any Portion of it toss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basLs, unkss such other insurance was apecifually purchased by the insured to apply in excess of this policy. 2• Limits of Tnsumnce Subicct to Paragraphs 2., 3,, and 5, of Section III _ Limits Of Insurance, the ,most provided by paragraph 1., above is: we Will Pay for insurance 810,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence "regardkas of the number of persons or organizations who sustain damage because of that " occurrence." The Agg=tgste Limit is the most we will pay for the sum of all occurrence$ covered by this provision. Item 5. — CONTRACTORS FROPESSIONAL LIABILITY The Property mg axcluaioa li added to gnph Paragraph 2,, pxclusione of Section T — Coverage A — Bodily Injury And Propyuty Damage Liability sad Paragraph 2 , Exalueiona of Section I — Coverage B i Personal And Advertising Injury I.iabilityr This insurance dots not apply to "bodily injury ", "Property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you, but only with respect to your providing enguneering, arcbiteetural or surveying sorvic¢s in your capacity as an engineer, architect or surveyor, Professional services include: I. Preparing, aPPmg, or failing to prepare or approve, maps, shop drawings, opinions, ctiporb, surveys, field orders, change Orders, or drawings and specifications, and 2. Supervisory or inspection activities performed as part of any related arcbitecturd or engineering activities. This exclusion does not aPPh' your behalf. to your operations in connection with eonmuttion work perfauntd by you or on Item b. - DAMAGE TO P"NIISES RENMD TO YOU . EXPANDED COVERAGE A. Fine, Lightning Or Explosion Damage. The last paragraph of 2,. Exclusions under Section 1— Coverage A is replaced by the following: Exclusions e. through m do not apply to damage to pamises ratted to you or temporarily occupied by you with permission of the owner when the damage is caused b fine ti thin or resulting from such fire, lightning or explosion, including by A pirate limit or subsequent damages to this coverage as desca'bedin Section III — 8 �"�c' separate limit of insumce apples Limits of insurance. B. Limits for Damage to Premises Rented to You Psragraph b, of Section III — Limits of Insurance is replaced by the following: Subject to S. above, the iJarnage to Pretrritea Re for any combination of nted to You Limit is the most we will pay under Coverage A LG 32 34 09 07 Page 2 of 8 (a) damage caused by fire, hShtning, or explosion or subsequent damages resulting from such fur, lightning or explosion, including water dam by you with pemtission of the owner, and age to ptetruaes rented to you, or temporarily occupied (h) "property damage" (other than damage by flee) to premises, including the contents of such Premises, rented to You for s period of 7 or fewer consecutive days. Item 7. - BODILY INJURY To CO- EMPLOYEIrS I. Subject to the Rach Occurrence Limit and the General to Lin i Paragnsp Section 11 — Who Is An Insu" do not apply to your supervisory or bs 2.a,(I)(a)r (b) sad (e) of only. Pe ry minsgtxnent "employees for "bodily injury" 2. Subject to the &ch Occurrence Limit and the General Agg=gxte Limit, panagrapbs 2,a (1)(a)t (b) and (a) of Section II — Vi/ha to An I aaured do not apply to your "omployees" or "volunteer workers" for "bodily injury" arising out of a Good Samaritan art to a co- "employes" or co- "vohuxteer worker," attempt to rescue or aid a person in A Good Samaritan act means an iriumnrent or serious peril, provided the attempt is not recklessly made, Damages owed to an injured co• "employee" or "volunteer worker" will be reduced by any sutoaat paid or avu7able to the injured co- 1employe4" or "volunteer wo,rket" under say other valid and collectible ituuramee. Itetn 8. • I'lE Al' TH <2AR$ PROFBSSIONALS AS INSMWDS Paragraph 2.a. (I) (d) of Section II — Who 16 An Iusured is deleted urtleas: 0) YOU I= engaged in the OCCUpation or business Of Providing or offering medical, sutgital, derail, X_ ray Or nursing ""Ces, treatment, advice orinstrutdon, Or (it) The "employee" hss any other insurance that would also cover claims other insurance is Primary, excess, contingent or on any, other basis, arising under this prevision, whether the Item 9. , NEWLY FORMED OR ACQUIRED BNI1TIi3S Paragraph 3. of Section 11— Who Is Art Insured is mphtced by the following; 3. Any organization, other than a joint venture, you newly acquire or form told over which you maintain majority ownership a majority interest, wr71 qualify as a Named Insured if there is no other similar insurance available to that organization. , a. Coverage under this provision h afforded only until 1. the 180th day after you acquire or fonn the organization; Or li• separate coverage is purchased for the organization; or the end of the policy period, whichever is atdier. b• Coverage A does not apply to 'bodily o u •• foamed the organization; and y l or property dumb" that Occurnd before you ac C, ��� 7 gaited or u acquired B does not apply to 'Personal and adverdainginjurq" arising out of alt offense coatrmitted before yo quired or foamed the organitation, No person or organization is an insured with respect to the conduct of any past partstarship or past limited liability company that is not shown as a Named Insured in the Declarations. ' current or past joint venture Item 10. ' EI,,,;NgEp ADDITIONAL INSURED AND OF PREMISES WAIVER OF SUBROGATION—MANAGERS OR LMORS A. Section II — Who Is Art Insured is amended to include ss art insured any manager or lessor of premises leased by you in which the written lease agrcetnant ob"gstes you toprocute additional insured coverage, provided that L the "bodily injury", "PWP" damage" or "personal and advertiaia$ injury" giving rise to liability occurs subsequent to the ekccution of the agreement, and advertising the written f r whkh coven a istsought. t time of the "bey injury ", '•property d ,.. ,�enonal :od the Sri That person or organisation shall be ref=od to as the additional insured. LG 32 34 49 o7 Pago 3 01`8 The coverage afforded to the additional insuind is limited to liability in connection with the ownership, maintenance or use of the pretrrists ltutd to you and caused, in whole or in put, by acme negligent acts or omissioos of you, your "Prop employees, your agents, er your subcontractors. Thc" is no coverage for the additional insured for "bodily injury", "ProParty � " or opecsandi and advertising injury" arising out of the sole negligence of the additions] insured or by those acting on behalf of due additional insured, except as provided below. If the written agreement to indemnify an Additional insured rcgtdres thatyou indemnify the additional insured forits We negligence, then the coverage for the additional insured shall confomn to that agreement; provided, hourever, that the cantnctuAl indemnification language of the agreement is valid under the law of the state when the Agreement he was formed. If the written agreement provides that a particular atsbe'a law wt]l apply, then ouch provision will honored. B. Waiver OfSubrogation For any additional insured that obtains Insured status on ]Etas policy through paragraph A., above, we waive any csght of recovery we may have against the additional insured because of pit ents we make for "be,w injruy ", «property damage" or "personal and advertising injury" to which this insurance applies. C. Exaluaioms This insurance does not apply to: 1. Any "occurrence" that takes place after you cease to be a tenant in that premiaes. 2. Any construction, renovation, demolition or instaBs lion operations petfoaned by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. D. Other Insurance The mcntr b t provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no evenly either the Scope of coverage or the limits of insurance available within this ply. This insurance shall be excess over any other insurance available to the Additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solelp on the basis rsquired by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carder for coverage, including a defense, we shall share that light with the additional insured, Item 11. - EXPAMW BLANKET ADDITIONAL INSURED AND WAyER OP SUBROGATION (FOR INS'AIIATION EXPOSURES) A. Section II - Who Is An Insured is amended to include as an insured any person or organizs4on to whom you are Obligated by a written agreement to procure additional insured coversge, provided that: 1. the "bodily injury;' "prbpQrty dal sM" or 'personal and advertising injury" giving rise to U&bR ty occurs subsequent to the execution of the written agreement, and 2. the written agreement is in effcet at the tune of slue 'bodily injury;' "Property damage," or '�,exsorwl and advertising injury^ for which coverage is sought That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused, In whole or in part, by the negligent Arta or omissions of yaws pour employees, your agents, or your subcontmctors, in the perfotmance of your ongoing operations. This insurance does not apply to "bodily iniu ," or `property damage; "personal and advertising injury". sewing out of 'Your work" included in the " roductaeom laced operations hazard nq unless you arc »d to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written LG 32 34 09 07 Pape 4 nrA agreement and only for liability caused, in whole or in part, by the neggent acts or omissions of you, your employees, your agents, or your subcontractors. There is no-Coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" *-fang out of the sole negligence of the additional insured or by those acting on behalf of the additionil insured, except u provided below. If the written agreement to indertmify an additional insured trquires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement•, provided, however, that the contnctus) indemnification language of the agreement is valid under the law of the state where the agreement was formed If the written agreement provides that a pardcu6r state's law will apply, then such provWon'will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy dhmugh paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury ", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exolusione %With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including a, The preparing, approving, or failing to prepare or aWOW, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, or b. Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury" or °property damage" that occurs during the ongoing operations of a project where you have purchased an Owners & Contractors Protective Liability or Rear"d Protective Usbility Policy for the additions) insured, 3. when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits Of insurance required by written agreement, but in no event exceeds either the scope of coverage of the limits of insurance available withiv this policy, This insurance shall be excess over Say other insurance available to the additional insured, whether such kwrance is on an excess, contingent or primary basis, unless the written agreement with you requires that the insurance provided for the additional insured be pdmary concurrent or primary non - contributory, in comparison to the additional insured's own policy or policies. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 12. - BLANI¢T ADDITIONAL INSUREI) AND ORGANIZATION WAIVER Oh ?SUBROGATION — PERSON OR A Section II —'Who Is An Insured is amended to include as an additional insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily mjurp ". "property damage" or "petsonel and Advertising injury" or caused, in whole or in part, by your omissions or the acts or omissions of those acting on your behalf acts L In the perfomnnce of your ongoing operations; or 2. In connection with premises owned by you provided that: LG 32 34 09 07 Page S of B (a) the "bodtTy injury ", '°property damage" or "personal and advertising injury" giving rue to liability occurs subsequent to the execution of the agreement; and (b) the Written agreement is in effect at the time of the "bodily injtWl "Property damage", "personal uyuq,, or "advertising injury" for which coverage is sought That person or organization shall be referred to as the additional insured. There is no coverage for the additional insured for "bodily injury ", "property image" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below_ If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall confomr to that agreement; provided, however, that the contactual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written ags cement provides that a particular states law will apply, then such provision will be honored. B. Waiver OfSubrogatiun For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any eight of recovery we rosy have against the >vdditiouai insured because of payments we make for "bodily injury ", "proper, damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: I. Any premises or equipment based to you, 2. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf. D. Other lnaurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the *cope of coverage or the limits of insurance available 'Within this policy. an a insurance shall be excess over any other in available to the additional insured, whether such insurance is on an excess, contingent or primacy basis, unless you are obligated under a vnitten.agreernent to provide liability insurance for that additions) insured on any other basis. In that event, this policy wilt apply solely on the bash requited insurance such wdttea "efnent To the extent that the additional insured has the right to pursue any Other insurance a defense, we shall share that right with the additional insured. cattier for coverage, including Item 13, - ADDITIONAL INSURED — ARCMTECU, ENGINEERS OR SURVEYORS A. Section H — Who 19 An Insured is amended to include as err additional insured ally architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury ", "Pm1xrtY d•rasge" or " persond and advertising injury caused, in whole or is part, by your acts oz omissions or the acts or opertyotu of those acting on your behalf L In connection with your premises; or 2. In the performance of your ongoing operations. B, With respect to the insurance afforded to these additional insureds, the following additional eyclius on applies; This insurance does not apply to "bodily injury", " property damage" or "personal and advettsing iniury" arising out of the rendering of or the failure to render any professional services by or for you, including: L The preparin& aPPro` ing, or failing to prepare or approve, maps, shop drawings, api,u ,reports, surveys, Geld orders, change orders or drawings and specifications; or 2. Supervisory, inspection; architectural or engineering activities. Item 14. - ADDITIONAL INSURED — STATE, MUNICIPALITY OR PQLITICAL S Section II — Whe la An Insured is amended to include as an additional insureBDIVISION- PERMITS state, municipality of subdivision with respect to any operations performed by you, or an your behalf, for which the state, municipality or Politic" subdivision has issued a permit However, this insurance does not apply to: LG 32 34 09 07 Page 6 of 8 1 "BOMY injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; or 2. Any " bodily injury" or "property damage" included within the "products - completed operations hazard ", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury.' "�)roperty damage" or "personal and advertising injury,,' unless negligently caused, in whole Of" part, by You or those acting on your behalf. Item 15, - ADDITIONAL INSURED ARID WAIVER OF SUBROGA'T'ION — LMSOR OF LEASED EQUIPMENT A. Section II - Who III An Insured is amended to, include as an additional insured say person or organization from whom you lease equipment when you and such person or orgatuzatio» have agretd in a written agreement that such Person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury' caused, in whole or in Part, by your maintenance, operation or use of equipment kused to you by such person or organization. There is no coverage for the additional insured for "bodily injury'•, "property damage" or "personal and advertising injury" arising out of the sole negl once of the additional insured or by those acting on behalf of the additional Insured. A person's or organization's status as an additional insured under this endorseotent ends when the agreement with you for such leased equipment ends, B, WaivorofSubrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovexy we may have against the additional insured because of paymenb we make for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. C. Otherinsurance This insurance shall be excess over any other insurance availabk to the additional insured, whether such insurance is On an excess, contingent or primary basis, unless you art obligated under a written agreement to pro vide }lability insurance for that additional insured on any other basic. In that event, this policy will apply solely vi the b:sia required by such written agreement To the extent that the additional insured has the right to pursue any other insurance carrier for cove, including AL defense, we shall share that right with the additional insured, rage Item 16: - KNOWLEDGE OF OCCURRENCE Subparagraph 2-9k., b. and c. of Condition 2. Section 1'V — C01mer�l General Liability Conditions ate amended to add the fo ➢owing. As used in this paragraph, the word "you" refers to an "executive Ofbce?', partner, member or legal representative, and any other "employee" with insurance or risk management responsibilities. Item 17, - UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV— Commercial General Liability Conditions is amended to add the following. Any unintentional error or omission in the desc4don of, or failurt to completely describe, any premises or openrtions intended to be covered by this policy will not invalidate or affect Coverage for those premises or operations. However, you must report such error or ominioa to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewaL LG 32 34 09 07 Page 7 of 8 Item 18. - BODILY INJURY REDEVINIT10N The definition of "bodily injury" in Section 'V - Definitions is replaced by the following. "Bodily injury" means bodily injury, sickness or disease sustained by it person. It includes death or mental anguish, which results at anytime from such physical harm, physical sickness or physical disease. Mental anguish melds any type of mental or emotional Illness or distress. Item 19. - MOBILE EQUIPMENT REDEFINITION Paragraph 12. f.(1) (a), (b) and (e) of Section V -- Definition dons not apply to self - propelled vehicles of less than 1000 pounds gross vehicle weight. Item 20, - SUPPLEMENTARY PAYMENT'S Section I - Coverages, Supplementary Payments - Coverages A and B, item 1, b. and 1, d„ respectively, are replaced with, b. Up to $2,500 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. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" includ ng substantiated loss of earnings up to $500 a day because of time off from work. Item 21. - LIBERALIZATION Section 1V - Conmterc`W General Liability Conditions is amended to add the following. 10. Liberalization If we adopt a change in our forma or rule which would broaden your coverage without art extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. This eadotument it cxavtedby the WAUSAU UNDERWRITERS INSURANCE COMPANY Wt n Date 03115/10 yA F.xpiraCOn Date 03115/11 Foratuchment to Polio No.ITBJZ91453980030 1aa Countersigned by LG 32 34 09 07 AuWoda�d icsuvs Page $ of 8 4 -0,16r6 -/D (� '``� °r CERTIFICATE OF LIABILITY INSURANCE DATE15 /2 /Y1 03/15/2011 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0726293 1 -925- 299 -1112 Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. CONTACT Certificate Department PHONE FAX C No Ext: 925- 299 -1112 AIC No: 925- 953 -6270 E -MAIL ADDRESS: SFBAYAREA CERTS @AJG.COM 3697 Mt. Diablo Boulevard, Suite 300 INSURERS AFFORDING COVERAGE NAIC # Lafayette, CA 94549 INSURER A: WAUSAU UNDERWRITERS INS CO [AMBest:A,XV ]26042 TBJZ91453980031 Agent: Robert J. Marrone INSURED Redflex Traffic Systems, Inc. INSURER B: LIBERTY MUT FIRE INS CO [AMBest: A,XV] 11748 ENDURANCE AMER SPECIALTY INS CO A,XV INSURER C : [ ] 41718 INSURER D: WAUSAU UNDERWRITERS INS CO 26042 23751 N. 23rd Avenue, Suite 150 INSURER E: Phoenix, AZ 85085 -1854 INSURER F: CLAIMS -MADE 111 OCCUR GOVFRAGF5 CFRTIFICATF 161IIMRFI7• 20147230 OC1110IAU u11laOCO. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYpE OF INSURANCE ADD L SUBR POLICY NUMBER POLICY EFF MM /DD POLICY EXP MM/DD LIMITS A GENERAL LIABILITY X TBJZ91453980031 /11 03/15/12 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 1,000,000 CLAIMS -MADE 111 OCCUR VED AS TO MED EXP (Any one person) $ 5,000 X STOP GAP: WA, OH c�ii�� PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 * $ POLICY X PRO- X LOC A AUTOMOBILE LIABILITY AS C1tM COMBINED SINGLE LIMIT Ea accident 1,000,000 X ANY AUTO Ek"ty Cky Aftwwy BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident ( ) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ X COMP /COLL X DED *:$1,000 <- *BAPD Ded $ B X UMBRELLALIAB X OCCUR TH2Z91453980041 03/15/1 03/15/12 EACH OCCURRENCE $ 19,000,000 AGGREGATE $ 19, 000, 000 EXCESS LIAR CLAIMS -MADE DED I X I RETENTION $ 10, 000 $ A WORKERS COMPENSATION WCJZ91453980011 03/15/1 03/15/12 X WCSTATU- OTH- AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C PROFESSIONAL /CYBER LIAB. PPL10003051000[ClaimsMad 103/15/1 03/15/12 $50K.SIRIEaClm /Agg 2,000,000 (See attached Suppl. Page...) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) - RE: Activities performed by or on behalf of the permittee or contractor as required by contract. ADDITIONAL INSURED(S): The City of Santa Ana, CA, its officers, employees and volunteers as required by written contract. , -- — — ���� VAI�VGLLF111Vry SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 'City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Paula Coleman ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M -29 AUTHORIZED REPRESENTATIVE ////JJJJ / Santa Ana, CA 92702 4 � L,�_____;. USA ,7_�`� ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD lokeshram 20147230 3:12 (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of exclusion j. of coverage A. do not apply except to (a) borrowed equipment, or (b) "property damage" to property in your care, custody and control while in transit. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by paragraph I., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item S. — CONTRACTORS PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you, but only with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Professional services include: 1. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory or inspection activities performed as part of any related architectural or engineering activities. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I — Coverage A is replaced by the following: Exclusions c. through n. do not apply to damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III — Limits of Insurance is replaced by the following: Subject to S. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of: LG 32 34 09 07 Page 2 of 8 5:12 The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: I. Any "occurrence" that takes place after you cease to be a tenant in that premises. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section II - Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that: I. the "bodily injury," "property damage," or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the written agreement; and 2. the written agreement is in effect at the time of the "bodily injury," "property damage," or "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury," or "property damage," "personal and advertising injury" arising out of "your work" included in the "products- completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written LG 32 34 09 07 Page 4 of 8 7:12 (a) the "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and (b) the written agreement is in effect at the time of the "bodily injury", "property damage ", "personal injury" or "advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any premises or equipment leased to you. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 13. -ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS A. Section II — Who Is An Insured is amended to include as an additional insured any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In connection with your premises; or 2. In the performance of your ongoing operations. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, snaps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Item 14. - ADDITIONAL INSURED -- STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Section II — Who Is An Insured is amended to include as an additional insured any state, municipality or political subdivision with respect to any operations performed by you, or on your behalf, for which the state, municipality or political subdivision has issued a permit However, this insurance does not apply to: LG 32 34 09 07 Page 6 of 8 9:12 Item 18. - BODILY INJURY REDEFINITION The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish, which results at any time from such physical harm, physical sickness or physical disease. Mental anguish means any type of mental or emotional illness or distress. Item 19. - MOBILE EQUIPMENT REDEFINITION Paragraph 12. £(1) (a), (b) and (c) of Section V — Definitions does not apply to self - propelled vehicles of less than 1000 pounds gross vehicle weight. Item 20. - SUPPLEMENTARY PAYMENTS Section I - Coverages, Supplementary Payments - Coverages A and B, item 1. b. and 1. d., respectively, are replaced with: b. Up to $2,500 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. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. Item 21. - LIBERALIZATION Section IV - Commercial General Liability Conditions is amended to add the following. 10. Liberalization If we adopt a change in our fonns or rule which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECRET D PRESIDENT Countersigned by �` Replesentabve _.. „.._....__...... -_.. LG 32 34 09 07 Page 8 of 8 11:12 Arthur J. Gallagher 6 Co. �r Insurance Brokers of California, Inc. 3697 Mt. Diablo Boulevard, Suite 300 BPO ww Lafayette, CA 94549 USA rr 'City of Santa Ana Paula Coleman 20 Civic Center Plaza, M -29 Santa Ana, CA 92702 USA 0:181:0 This document was brought to you by Arthur J. Gallagher 6 Co. Insurance Brokers of California, Inc. in Lafayette, CA. via CertificatesNow. If you have questions regarding the content of this document, please contact Arthur J. Gallagher b Co. Insurance Brokers of California, Inc. Phone: (925) 299 -1112 or Certificate Fax: (925) 953 -6270 The data included in this notice and in the attached document is confidential to Ebix /CertificatesNow and Arthur J. Gallagher 6 Co. Insurance Brokers of California, inc. cc: The data included in this notice and in the attached document is confidential to Ebix BPO and the party responsible for bringing you this information. Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877.669.8600 1:12 4 C�,C', /C --/ C) � �' JR IF CERTIFICATE OF LIABILITY INSURANCE A� DATE1 /Y1 03/15 /2 01 5/21 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0726293 1- 925- 299 -1112 Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. CONTACT Department Certificate De NAME: P PHONE IFAX A/C No Ext: 925- 299 -1112 ('IA(, No: 925- 953 -6270 E -MAIL ADDRESS: SFBAYAREA CERTS @AJG.COM 3697 Mt. Diablo Boulevard, Suite 300 INSURER(S) AFFORDING COVERAGE NAIC# Lafayette, CA 94549 INSURER A: WAUSAU UNDERWRITERS INS CO [AMBest:A,XV ]26042 03/15/12 Agent: Robert J. Marrone INSURED INSURER B: LIBERTY MUT FIRE INS CO [AMBest: A,XV] 11748 Redflex Traffic Systems, Inc. INSURER C: ENDURANCE AMER SPECIALTY INS CO [A,XV] 41718 INSURER D: WAUSAU UNDERWRITERS INS CO 26042 23751 N. 23rd Avenue, Suite 150 INSURER E: Phoenix, AZ 85085 -1854 INSURER F: COVERAGES CERTIFICATE NUMBER: 20147230 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR SUER POLICY NUMBER (MM/DD IYYYY I I IMMIDD[YYYY) LIMITS A GENERAL LIABILITY X TBJZ91453980031 03/15/1 03/15/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 1, 000, 000 CLAIMS -MADE 1XI OCCUR MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 1,000,000 X STOP GAP: WA, OH GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 POLICY I X PRO- X LOC $ A AUTOMOBILE LIABILITY ASJZ91453980021 03/157-11 03/15/12 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO I ALL OWNED SCHEDULED AUTOS AUTOS ' BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS ! ! <- *HAPD Ded $ X COMP /COLL g DED *:$1,0001, B X UMBRELLA LIAB X OCCUR TH2Z91453980041 03/15/1 03/15/12 EACH OCCURRENCE $ 19,000,000 EXCESS LIAB CLAIMS -MADE; AGGREGATE $ 19, 000, 000 DIED X RETENTION $ 10, 000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE WCJZ91453980011 03/15/1 1 03/15/12 X WRY TA IT- OTH - - E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYEE; $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C PROFESSIONAL /CYBER LIAB. PPL10003051000[ClaimsMad 1 03/15/1 03/15/12 $50X.SIR EaClm /Agg 2,000,000 (See attached Suppl. Page...) i DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) c T/� /�� RE: Activities performed by or on behalf of the permittee or contractor as rAjWWVSIRA&AQF`]ID!!I2'IONAL INSURED(S): The City of Santa Ana, CA, its officers, employees and volunteers as required by written contract. TERESA L.' DD AilltorwY -City of Santa Ana Paula Coleman 20 Civic Center Plaza, M -29 Santa Ana, CA 92702 USA %,AIYI.tLLA 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 �y f ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD lokeshram 20147230 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DirectSolutions for Contractors (with Professional Liability) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 01. Index of modified items: Item 1- REASONABLE FORCE Item 2. - NON -OWNED WATERCRAFT EXTENSION Item 3. - ALIENATED PREMISES Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item 5. - CONTRACTORS PROFESSIONAL LIABILITY Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 7. - BODILY INJURY TO CO- EMPLOYEES Item 8. - HEALTH CARE PROFESSIONALS AS INSUREDS Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Item 10. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — MANAGERS OR LESSORS OF PREMISES Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 12. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION - PERSON OR ORGANIZATION Item 13. - ADDITIONAL INSURED -ARCHITECTS, ENGINEERS OR SURVEYORS Item 14. - ADDITIONAL INSURED - STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION - LESSOR OF LEASED ,EQUIPMENT Item 16. - KNOWLEDGE OF OCCURRENCE Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Item 18. - BODILY INJURY REDEFINITION Item 19. - MOBILE EQUIPMENT REDEFINITION Item 20. - SUPPLEMENTARY PAYMENTS Item 21. - LIBERALIZATION These changes broaden the policy sections described unless differing language is separately endorsed to the coverage part. Item 1. - REASONABLE FORCE Exclusion a. of Coverage A 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. Item 2. - NON -OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coverage A (Section I - Coverages) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than SS feet long; and (b) Not being used for public transportation or as a common carrier. Item 3. - ALIENATED PREMISES 1. Subparagraph j.(2) of Exclusions of Section I - Coverages - Bodily Injury And Property Damage Liability is replaced by the following. APPROVED AS TO FORM L� e LG 32 34 09 07 TERESA L.'JfJDD Assistant City Attorney I' 1 of 8 (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of exclusion j. of coverage A. do not apply except to (a) borrowed equipment, or (b) "property damage" to property in your care, custody and control while in transit. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by paragraph I., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item 5. — CONTRACTORS PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you, but only with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Professional services include: I. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory or inspection activities performed as part of any related architectural or engineering activities. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I — Coverage A is replaced by the following: Exclusions c. through n. do not apply to damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III — Limits of Insurance is replaced by the following. Subject to 5. above, the Damage to Premis� $�YR�t J�iI*f4nost we will pay under Coverage A for any combination of �"" � ERESA L. J DD z LG 32 34 09 07 Assistant City Xttorney Page 2 of 8 (a) damage caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage to premises rented to you, or temporarily occupied by you with permission of the owner; and (b) "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. Item 7. - BODILY INJURY TO CO- EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of Section II – Who Is An Insured do not apply to your supervisory or management "employees" for "bodily injury" only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (e) of Section II – Who Is An Insured do not apply to your "employees" or 'volunteer workers" for "bodily injury" arising out of a Good Samaritan act to a co- "employee" or co- "volunteer worker." A Good Samaritan act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co- "employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co- "employee" or "volunteer worker" under any other valid and collectible insurance. Item 8. - HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section II – Who Is An Insured is deleted unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x -ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II – Who Is An Insured is replaced by the following: 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until i. the 180th day after you acquire or form the organization; or ii. separate coverage is purchased for the organization; or iii. the end of the policy period, whichever is earlier. 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. No person or organization is an insured with respect to the conduct of any past partnership, current or past joint venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item 10. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION— MANAGERS OR LESSORS OF PREMISES A. Section II – Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that: 1. the "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and 2. the written agreement is in effect at the time of the `bodily injury", "property damage ", "personal and advertising injury" for which coverage is sought. APPROVED AS TO FORM That person or organization shall be referred to as the additional fipl6r . c TERESA JUDD LG 32 34 09 07 Assistant City Attorney Page 3 of 8 The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: I. Any "occurrence" that takes place after you cease to be a tenant in that premises. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the tight to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section II - Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that: 1. the "bodily injury," "property damage," or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the written agreement; and 2. the written agreement is in effect at the time of the "bodily injury," "property damage," or "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to `bodily injury," or "property damage," "personal and advertising injury" arising out of "your work" included in the "products- completed operas �' t;��cWyu uired to provide such coverage for the additional insured by the written agreement, and en on y f�`o''r the pen o time required by the written TERES JUDD Assistant City Attorney LG 32 34 09 07 Page 4 of 8 agreement and only for liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, Field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury" or "property damage" that occurs during the ongoing operations of a project where you have purchased an Owners & Contractors Protective Liability or Railroad Protective Liability Policy for the additional insured. 3. when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance The insurance provided by this endorsement applies only to coverages and Iimits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless the written agreement with you requires that the insurance provided for the additional insured be primary concurrent or primary non - contributory, in comparison to the additional insured's own policy or policies. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 12. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with premises owned by you APPROVED AS TO FORM provided that: RESA UDD Assistant City tWal", LG 32 34 09 07 Page 5 of 8 (a) the "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and (b) the written agreement is in effect at the time of the "bodily injury", "property damage ", "personal injury" or "advertising injury" for which coverage is sought That person or organization shall be referred to as the additional insured. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any premises or equipment leased to you. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf, D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shalt be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 13. - ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS A. Section II — Who Is An Insured is amended to include as an additional insured any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf 1. In connection with your premises; or 2. In the performance of your ongoing operations. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, 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. Item 14. - ADDITIONAL INSURED — STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Section II —Who Is An Insured is amended to includAft �rA�l �gpy- state, municipality or political Kly subdivision with respect to any operations performed by you, or on your e or w ich the state, municipality or political subdivision has issued a permit However, this insurance does not apply to: LG 32 34 09 07 _ TERESA L. J D Paige 6 of 8 Assistant City Attorney 1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; or 2. Any "bodily injury" or "property damage" included within the "products- completed operations hazard ", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury," "property damage" or "personal and advertising injury," unless negligently caused, in whole or in part, by you or those acting on your behalf, Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION — LESSOR OF LEASED EQUIPMENT A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment when you and such person or organization have agreed in a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. There is no coverage for the additional insured for "bodily injury ", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured. A person's or organization's status as an additional insured under this endorsement ends when the agreement with you for such leased equipment ends. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. C. Other Insurance This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 16. - KNOWLEDGE OF OCCURRENCE Subparagraph 2.a., b. and c. of Condition 2. Section IV — Commercial General Liability Conditions are amended to add the following. As used in this paragraph, the word "you" refers to an "executive officer ", partner, member or legal representative, and any other "employee" with insurance or risk management responsibilities. Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV — Commercial General Liability Conditions is amended to add the following: Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. APPROVED AS TO FORM TERESA L. JU D LG 32 34 09 07 Assistant CftyAttorney page 7 of 8 Item 18. - BODILY INJURY REDEFINITION The definition of "bodily injury" in Section V - Definitions is replaced by the following. "Bodily injury" means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish, which results at any time from such physical harm, physical sickness or physical disease. Mental anguish means any type of mental or emotional illness or distress. Item 19. - MOBILE EQUIPMENT REDEFINITION Paragraph 12. f.(1) (a), (b) and (c) of Section V — Definitions does not apply to self - propelled vehicles of less than 1000 pounds gross vehicle weight. Item 20. - SUPPLEMENTARY PAYMENTS Section I - Coverages, Supplementary Payments - Coverages A and B, item 1. b. and 1. d., respectively, are replaced with: b. Up to $2,500 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. d All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earrings up to $500 a day because of time off from work. Item 21. - LIBERALIZATION Section IV - Commercial General Liability Conditions is amended to add the following 10. Liberalization If we adopt a change in our forms or rule which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECRET DD PRESIDENT Countersigned by Authorized Representative�� APPROVED AS TO FORM �I I TERESA U 1 ) D AsshtRut Cit ttorney LG 32 34 09 07 Page 8 of 8 -Wt-t- (UD /U4) DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 03/15/2011 NAME OF INSURED: Redflex Traffic Systems, Inc. Additional Description of Operations /Remarks from Facie 1: Additional Information: GENERAL LIABILITY: • Separation of Insureds applies per policy form. • Additional Insured if required by written contract per attached form LG3234 0907. • Coverage is Primary & Non - Contributory if required by written contract per form LG3234 0907. APPROVED AS TO FORM ESA L DD Assistant Ci ttorney NOTE: * For Cities /Counties /Towns: If required /applicable, Third Party Fidelity coverage to follow under separate cover on ACORD24 form. -Wt-t- (UD /U4) ACORL7► 'i CERTIFICATE OF PROPERTY INSURANCE DATE 5/201 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. If this certificate is being prepared for a party who has an insurable interest in the property, do not use this form. Use ACORD 27 or ACORD 28. PRODUCER LIC #0726293 1- 925- 299 -1112 Arthur J. Gallagher & CO. Insurance Brokers of California, inc. 3697 Mt. Diablo Boulevard, Suite 300 Lafayette, CA 94549 n CONTACT Certificate Department PHONE FAX AIC N ; 925- 299 -1112 AIC No): 925 E-MAIL ADDRESS: SFBAYAREA CERTS @AJG.COM PRODUCER REDFL -1 CUSTOMERID: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Redflex Traffic Systems, Inc. 23751 N. 23rd Avenue, Suite 150 Phoenix, AZ 85085 -1854 INSURER A: LIBERTY MUT FIRE INS CO [AMBest: A,XV] 23035 INSURER B: TRAVELERS CAS & SURETY CO OF AMER [A +,XV] 31194 INSURER C: INSURER D: BUILDING INSURERE: INSURER F : $ /`A\ /CDA(_CC CFDTIFIlTATF NI IMRFR• 20148586 HI VISIUN NIIMKI -14' LOCATION OF PREMISES I DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) PERSONAL PROPERTY LOCATION: 23751 N. 23rd Ave., Ste 150, Phoenix AZ 85085 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR 11 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE i DATE (MMlDDIYYYY) POLICY EXPIRATION DATE (MM /DDIYYYI) COVERED PROPERTY LIMITS A X PROPERTY CAUSES OF LOSS DEDUCTIBLES YU2L9L453980061 03/15/11 03/15/12 X X; X BUILDING PERSONAL PROPERTY', BUSINESS INCOME EXTRA EXPENSE RENTAL VALUE BLANKET BUILDING BLANKET PERS PROP BLANKET BLDG & PP Instaltn-PP/PP Instalt-Transit $ $ BASIC BUILDING $ BROAD $ CONTENTS 5,000 X SPECIAL $ EARTHQUAKE $ WIND $ 20,250,000 FLOOD $ $ 1,000,000 $ 250,000 CAUSES INLAND MARINE OF LOSS NAMED PERILS TYPE OF POLICY $ $ POLICY NUMBER $ B XI, CRIME TYPE OF POLICY (Third Part Fidelity 104861759 03/15/11 03/15/12 X X X Employee Theft- -Of Client Pro Sin 1 LossRetn $ 500,000.Sn 1 $ LOSSLmt $ 10,000 BOILER & MACHINERY I EQUIPMENT BREAKDOWN $ $ $ Is SPECIAL CONDITIONS 1 OTHER COVERAGES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Activities performed by or on behalf of the permittee or contractor as required by contract. / NOTE: Liability certificate issued separately on ACORD 25 Form. APPROVED AS TO FORM TE -City of Santa Ana Paula Coleman 20 Civic Center Plaza, M -29 Santa Ana, CA 92702 - TERESA L. Assistant City USA 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 4 I, qtr Yr lokeshram © 1995 -2009 ACORD CORPORATION. All rights reserved. ACORD 24 (2009109) The ACORD name and logo are registered marks of ACORD 20148586 �'� " CERTIFICATE OF LIABILITY INSURANCE DATE30 /2 /Y2 03/30/2012 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 196C, RRTIF TE O €R� IMPORTANT: If the certificate holder is an ADDITIONAL IN R policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, c,Rrt@i,in policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorselnletlt(s). ;. PRODUCER LIC #0726293 `1- 925- 299 - 1112 Arthur J. Gallagher & Co. -� �(,. Insurance Brokers of California, Inc. CONTACT Certificate Department PHONE FAX (A/C. No Ext: 925- 299 -1112 A/C No: 925- 953 -6270 ADDRESS: eastbaycerts @AJG.COM 3697 Mt. Diablo Boulevard, Suite 300 INSURER(S) AFFORDING COVERAGE NAIC# Lafayette, CA 94549 INSURER A: WAUSAU UNDERWRITERS INS CO [AMBest:A,XV]26042 04/01/1 Robert J. Marrone INSURED INSURER B: LIBERTY MUT FIRE INS CO [AMBest: A,XV] 11748 Redflex Traffic Systems, Inc. INSURER C : SAVERS PROP & CAS INS CO[AMBest: A,IX] i 16551 INSURER D: 23751 N. 23rd Avenue, Suite 150 INSURER E: Phoenix, AZ 85085 -1854 INSURER F $ 5,000 COVERAGES CERTIFICATE NUMRER! 26404454 1 RFVISION Nl1MRFR" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MM /DDIYYYY LIMITS • GENERAL LIABILITY X TBJ -Z91- 453980 -032 04/01/1 04/01/13 EACH OCCURRENCE $ 1,000,000 X ! COMMERCIAL GENERAL LIABILITY � CLAIMS -MADE a OCCUR DAMAGE t RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X STOP GAP: WA, OH GENERAL AGGREGATE $ 2.000,000 KENIAGGREGATELIMITAPPLIESPER: PRODUCTS - COMP /OPAGG $ 2,000,000 POLICY FX PRO- X LOC 'ii $ • AUTOMOBILE LIABILITY IASJ -Z91- 453980 -022 04/01/12 04/01/13 COMBINED SINGLE LIMIT 1,000,000 Ea accident BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED. .. SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ X COMP /LOLL X DED *:$1,000 <- *HAPD Ded $ • iX UMBRELLA LIAB X I OCCUR TH7 -Z91- 453980 -042 04/01/1 04/01/13: EACH OCCURRENCE $ 19,000,000 AGGREGATE $ 19, 000, 000 EXCESS LIAB CLAIMS- MADE 'I DED X I RETENTION$ 10, 000 $ • WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? ❑ N / A WCJ -Z91- 453980 -012 04/01/1 - 04/01/13 X 'NCSTATIU- i OTRH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C PROFESSIONAL /CYBER LIAB. PL 0641009 04/01/1 04/01/13 $50R.SIR EaClm /Agg 2,000,000 ,(See attached Suppl. Page...) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Activities performed by or on behalf of the permittee or contractor as required by contract. ADDITIONAL INSURED(S): The City of Santa Ana, CA, its officers, employees and volunteers as required by written contract. APPROVED AS TO FORM J `— Pk1V1-CLL1A 11Vry in At-JIUUU vet City Attomey SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE -City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Paula Coleman ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M -29 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 USA (� 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD satyaram 26404454 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIBERTY DirectSolutions for Contractors (with Professional Liability) This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 01. Index of modified items: Item 1– REASONABLE FORCE Item 2. - NON -OWNED WATERCRAFT EXTENSION Item 3. - ALIENATED PREMISES Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item 5. - CONTRACTORS PROFESSIONAL LIABILITY Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 7. - BODILY INJURY TO CO- EMPLOYEES Item 8. - HEALTH CARE PROFESSIONALS AS INSUREDS Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Item 10. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — MANAGERS OR LESSORS OF PREMISES Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 12. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION – PERSON OR ORGANIZATION Item 13. - ADDITIONAL INSURED –ARCHITECTS, ENGINEERS OR SURVEYORS Item 14. - ADDITIONAL INSURED – STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION – LESSOR OF LEASED.EQUIPMENT Item 16. - KNOWLEDGE OF OCCURRENCE Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Item 18. - BODILY INJURY REDEFINITION . Item 19. - MOBILE EQUIPMENT REDEFINITION Item 20. - SUPPLEMENTARY PAYMENTS Item 21. - LIBERALIZATION These changes broaden the policy sections described unless differing language is separately endorsed to the coverage part. Item 1. - REASONABLE FORCE Exclusion a. of Coverage A is replaced by the following: a. Expected or Intended Injury "Soddy 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. Item 2. - NON -OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coverage A (Section I - Coverages) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used for public transportation or as a common carrier. Item 3. - ALIENATED PREMISES 1. Subparagraph j.(2) of Exclusions of Section I – Coverages – Bodily Injury And Property Damage Liability is replaced by the following. LG 32 34 09 07 Page 1 of 8 (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of exclusion j. of coverage A. do not apply except to (a) borrowed equipment, or (b) "property damage" to property in your care, custody and control while in transit. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by paragraph 1., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item 5. — CONTRACTORS PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you, but only with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Professional services include: 1. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory or inspection activities performed as part of any related architectural or engineering activities. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I — Coverage A is replaced by the following: Exclusions e. through n. do not apply to damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III — Limits of Insurance is replaced by the following, Subject to S. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of: LG 32 34 09 07 Page 2 of 8 (a) damage caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage to premises rented to you, or temporarily occupied by you with permission of the owner; and (b) "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. Item 7. - BODILY INJURY TO CO- EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of Section II – Who Is An Insured do not apply to your supervisory or management "employees" for "bodily injury" only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of Section II – Who Is An Insured do not apply to your "employees" or "volunteer workers" for "bodily injury" arising out of a Good Samaritan act to a co- "employee" or co- "volunteer worker." A Good Samaritan act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co- "employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co- "employee" or "volunteer worker" under any other valid and collectable insurance. Item 8. - HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section II – Who Is An Insured is deleted unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x -ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II – Who Is An Insured is replaced by the following. 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until i. the 180th day after you acquire or form the organization; or ii. separate coverage is purchased for the organization; or iii. the end of the policy period, whichever is earlier. b. Coverage A does not apply to `bodily injury" or "property damage" that occurred before you acquired or formed the organization; and e. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any past partnership, current or past joint venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item 10. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION— MANAGERS OR LESSORS OF PREMISES A. Section II – Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that: I. the `bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and 2. the written agreement is in effect at the time of the "bodily injury", "property damage ", "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. LG 32 34 09 07 Page 3 of 8 The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury', "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any "occurrence" that takes place after you cease to be a tenant in that premises. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section II - Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that: 1. the "bodily injury," "property damage," or "personal and advertising injury- giving rise to liability occurs subsequent to the execution of the written agreement and 2. the written agreement is in effect at the time of the "bodily injury," "property damage," or "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused, ui whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury," or "property damage," "personal and advertising injury" arising out of "your work" included in the "products- completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written LG 32 34 09 07 Page 4 of 8 agreement and only for liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or K Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury" or "property damage" that occurs during the ongoing operations of a project where you have purchased an Owners & Contractors Protective Liability or Railroad Protective Liability Policy for the additional insured. 3, when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance The insurance provided by this endorsement applies only to coverages and Iimits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless the written agreement with you requires that the insurance provided for the additional insured be primary concurrent or primary non - contributory, in comparison to the additional insured's own policy or policies. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 12. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: L In the performance of your ongoing operations; or 2. In connection with premises owned by you provided that: LG 32 34 09 07 Page 5 of 8 (a) the `bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and (b) the written agreement is in effect at the time of the `bodily injury", "property damage ", "personal injury" or "advertising injury" for which coverage is sought That person or organization shall be referred to as the additional insured. There is no coverage for the additional insured for `bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any premises or equipment leased to you. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 13. - ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS A. Section I1 — Who Is An Insured is amended to include as an additional insured any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf- 1. In connection with your premises; or 2. In the performance of your ongoing operations. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, 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. Item 14. - ADDITIONAL INSURED — STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Section 11 — Who Is An Insured is amended to include as an additional insured any state, municipality or political subdivision with respect to any operations performed by you, or on your behalf, for which the state, municipality or political subdivision has issued a permit However, this insurance does not apply to: LG 32 34 09 07 Page 6 of 8 1. "Bodily injury," "property damage" or "personal and Advertising injury" arising out of operations performed for the state, municipality or political subdivision; or 2. Any "bodily injury" or "property damage" included within the "products- completed operations hazard ", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury," "property damage" or "personal and advertising injury," unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION — LESSOR OF LEASED EQUIPMENT A. Section II - Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment when you and such person or organization have agreed in a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. There is no coverage for the additional insured for "bodily injury ", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured. A person's or organization's status as an additional insured under this endorsement ends when the agreement with you for such leased equipment ends. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we matte for "bodily injury", "property da=nage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. C. Other Insurance This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 16. - KNOWLEDGE OF OCCURRENCE Subparagraph 2.a., b. and c. of Condition 2. Section IV — Commercial General Liability Conditions are amended to add the following. As used in this paragraph, the word "you" refers to an "executive officer ", partner, member or legal representative, and any other "employee" with insurance or risk management responsibilities. Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV — Commercial General Liability Conditions is amended to add the following: Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. LG 32 34 09 07 Page 7 of 8 Item 18. - BODILY INJURY REDEFINITION The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish, which results at any time from such physical harm, physical sickness or physical disease. Mental anguish means any type of mental or emotional illness or distress. Item 19. - MOBILE EQUIPMENT REDEFINITION Paragraph 12. f.(1) (a), (b) and (e) of Section V — Definitions does not apply to self-propelled vehicles of less than 1000 pounds gross vehicle weight. Item 20. - SUPPLEMENTARY PAYMENTS Section I - Coverages, Supplementary Payments - Coverages A and B, item 1. b. and 1. d., respectively, are replaced with: b. Up to $2,500 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. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. Item 21. - LIBERALIZATION Section IV - Commercial General Liability Conditions is amended to add the following: 10. Liberalization If we adopt a change in our forms or rule which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. SECRET PRESIDENT Countersigned by ^- Authoiited Reposentative LG 32 34 09 07 Page 8 of 8 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF - INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is inteneleo as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. Name of Other Person(s) ! Organization(s): As required by written contract SCHEDULE Email Address or mailing address: Per schedule on file with company Number Days Notice: 30 days LA 99 224 09 10 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PART A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) / Organ ization s : Email Address or mailing address: Number Days Notice: As required by written contract Per schedule on file with company 30 -days All other terms and conditions of this policy remain unchanged. WM 90 18 09 10 2010 Liberty Mutual Group of Companies Page 1 of 1 Ed. 09/01/2010 All Rights Reserved AGENCY CUSTOMER ID: LOC #: ACO ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMEDINSURED Arthur J. Gallagher & Co. Redflex Traffic Systems, Inc. Insurance Brokers of California, Inc. 23751 N. 23rd Avenue, Suite 150 POLICY NUMBER Phoenix, AZ 85085 -1854 CARRIER NAIC CODE EFFECTIVE DATE: i�.�acuaaml THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: THIRD PARTY FIDELITY COVERAGE Carrier: TRAVELERS CAS & SURETY CO OF AMER[A +,XV] NAIC #31194 Policy #: 105581275 1 Effective: 04/01/2012 to 04/01/2013 1 Limit: $500,00 single loss limit for Employee Theft of Client Property I Retention: $10,000 PROPERTY COVERAGE Carrier: LIBERTY MUTUAL FIRE INS CO [AMBest: A,XV] NAIC #23035 Policy #: YU2 -L9L- 453980 -062 I Effective: 04/01/2012 to 04/01/2013 Blanket Personal Property: $23,155,0001 Installation- PP /PPO: $1,000,000 1 Installation / Transit: $250,000 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 03/30/2012 NAME OF INSURED: Redflex Traffic Systems, Inc. Additional Description of Operations /Remarks from Page 1 Additional Information: GENERAL LIABILITY: • Separation of Insureds applies per policy form. • Additional Insured if required by written contract per attached form LG3234 0907. • Coverage is Primary & Non - Contributory if required by written contract per form LG3234 0907. SUPP (05104) P526002 W02 Arthur J. Gallagher & Co. 3697 Mt. Diablo Boulevard, Suite 300 Lafayette, CA 94549 201204023922 Electronic Service Requested SINGLE PIECE 5587 1.6136 SP 0.650 Illllt' 1' ��I' 1' 1��1' 1�' I�I�Ilhlll '�'��III1�"�I"I�111�111i�'1�' .�2� j�Z of Santa Ana 121 PAULA COLEMAN 20 CIVIC CENTER PLAZA, M -29 SANTA ANA, CA 92702 EBIX BPO This document was brought to you by Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. in Lafayette, CA. via CertificatesNow.- If you have Questions regarding the content of this document, Please contact Arthur J. Gallagher Co. Insurance Brokers of California, Inc. Phones (925) 199 -3112 or Certificate Fax: (925) 953 -6270- The data included in this notice and in the attached document is confidential to Ebix /CertificatesNow and Arthur J. Gallagher 6 Co. Insurance Brokers of California, Inc. - cc: 11 APR '12 pm3:38 r-, The data included in this notice and in the attached document is confidential to Ebix BPO and the party responsible for bringing you this information. Certificate Delivery by CertlficatesNow - www.ConfirmNet.com - 877.668.8600 w W. 0 n w Psz�nxr�z ACORO CERTIFICATE OF LIABILITY INSURANCE DATE o'�°�""' THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemen s . PRODUCER LIC #0726293 1 -925- 299 -1112 Arthur J. Gallagher i Co. Insurance Brokers of California, Inc. 3697 Nt. Diablo Boulevard, Suite 300 WACT Certificate Department PHONE . 925- 299 -1112 FAX N0: 925- 953 -6270 ERNE eaetbeycerteQAJG.001t INSURERS AFFORDING COVERAGE NAIL 9 Lafayette, CA 94549 Robert J. Marron INSURERA: WAUSAU UNDERWRITERS INS CO [ANBest :A,XV ]26042 X INSURED Redflex Traffic Systems, Inc. INSURER B: LIBERTY NOT FIRE INS CO [ANBest: A,XV] 11748 INSURERC: SAVERS PROP 4 CAS INS CO[ANBeat: A,IX] 16551 $1,000,000 23751 N. 23rd Avenue, Suite 150 INSURER D: INSURER E: Phoenix, AZ 65085 -1854 INSURER F: DAMAGE V -RENTED PREMISES Ea rren $1,000,000 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTSRR TYPE OF INSURANCE �. POLICY NUMBER POLICY EFF POLICY IXP LIMITS A GENERAL LIABILITY X TBJ- Z91- 453980 -032 04/01/1 04/01/13 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE V -RENTED PREMISES Ea rren $1,000,000 MED EXP (Any person) f 5,000 MADE CIA ,O OCCUR GA X STOP Pi WA, ON PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: _X PRODUCTS - COMP/OP AGG $2,000,000 POLICY X PRO- LOC $ A AUTOMOBILE LIABILITY ASJ -Z 1- 453980 -022 COMBINED SINGLE LIMIT Me accident X ANY AUTO BODILY INJURY (Per person) _L1,000,000 $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS HIRED AUTOS AU OSWWNED PROPERTY DAMAGE Per � nt $ g CONP /COLE g DBD* ;$1,000 <- *BAPD Ded $ B X UMBRELLA LIAB I X OCCUR TB7 -Z91- 453980 -042 04/01/1 04/01/13 EACHOCCURRENCE $ 19,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE = 19,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABWTY WCJ -291- 453980 -012 04/01/1 04/01/13 WCSTATU- OTH- X YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? a NIA A E.L. EACH ACCIDENT = 1,000,000 (Mandatory In If yes, de nd scribe a under E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below C PROFESSIONAL /CYBER LIAR. PL 0641009 04/01/1 04/01/13 $50X.SIR EOClm/Agg 2,000,000 (See attached Susppl. Page...) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 191, Additional Remarks achadule, N more epee, N raqulnd) REs Activities performed by or on behalf of the permittee or contractor as required by contract. ADDITIONAL INSURED(S): The City of Santa Ana, CA, its officers, employees and volunteers as required by written contract. APPROVED AS TO FORM neoTrrrn err u,.r ..�.. own \__� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE `City of cants Ana TERESA L. D EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Paula Coleman Assistant City t:w ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, Y -29 y AUTHORIZED REPRESENTATIVE Banta Ana, CA 92702 �%, / USA W TNOO -Zulu AGUKO GORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD satyaram 26404454 LL'.F 00 w O N 00 1 a>• P526W2M""2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. m 00 LIBER'T'Y DirectSolutions for Contractors o N (with Professional Liability) This endorsement modifies insurance provided under the following o COMMERCIAL GENERAL LIABILITY COVERAGE PART w This endorsement modifies insurance by broadening the insurance provided by CG 00 01. Index of modttted Item 1– REASONABLE FORCE Item 2. - NON -OWNED WATERCRAFT EXTENSION Item 3. - ALIENATED PREMISES Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item 5. - CONTRACTORS PROFESSIONAL LIABILITY Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 7. - BODILY INJURY TO CO- EMPLOYEES Item S. - HEALTH CARE PROFESSIONALS AS INSUREDS Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Item 10. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — MANAGERS OR LESSORS OF PREMISES Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 12. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION – PERSON OR ORGANIZATION Item 13. - ADDITIONAL INSURED – ARCHITECTS, ENGINEERS OR SURVEYORS Item 14. - ADDITIONAL INSURED – STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION – LESSOR OF LEASED EQUIPMENT Item 16. - KNOWLEDGE OF OCCURRENCE Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Item 18. -BODILY INJURY REDEFINITION . Item 19. - MOBILE EQUIPMENT REDEFINITION Item 20. - SUPPLEMENTARY PAYMENTS Item 21. - LIBERALIZATION These changes broaden the policy sections described unless differing language is separately endorsed to the coverage Pan. Item I. - REASONABLE FORCE Exclusion a. of Coverage A 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. Item 2. - NON -OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coverage A (Section I - Coverages) is replaced .l y thepl, ►g (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used for public transportation or as a common carrier. Item 3. - ALIENATED PREMISES '4"110 1. Subparagraph j.(2) of Exclusions of Section I – Coverages Y-4kwli)jAnj9.� "�d Noperty Damage Liability is replaced by the following. LG 32 34 09 97 Page 1 of 8 g P526(X)28W2 a 0 (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) and (4) of exclusion j. of coverage A. do not apply except to (a) borrowed equipment, or (b) "property damage" to property in your care, custody and control while in transit. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — limits Of Insurance, the most we will pay for insurance provided by paragraph 1., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item S. — CONTRACTORS PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you, but only with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Professional services include: I. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory or inspection activities performed as part of any related architectural or engineering activities. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I — Coverage A is replaced by the following. Exclusions e. through n. do not apply to damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III — Limits of Insurance is replaced by the following. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of LG 32 34 09 07 Page 2 of 8 NN 00 L. I O M 00 z w Pi26012KIM12 M (a) damage caused by fire, lightning, or explosion or subsequent damages resulting from such fire, 00 lightning or explosion, including water damage to premises rented to you, or temporarily occupied O by you with permission of the owner; and M (b) "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. cc Item 7. - BODILY INJURY TO CO- EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of w Section 11 – Who Is An Insured do not apply to your supervisory or management "employees" for "bodily injury" only. 2. Subject to the Each Occurrence Limit and the General Aggregate Li nit, Paragraphs 2.a.(1)(a), (b) and (c) of Section II – Who Is An Insured do not apply to your "employees" or "volunteer workers" for "bodily injury" arising out of a Good Samaritan act to a co- "employee" or co- "volunteer worker." A Good Samaritan act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co- "employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co- "employee" or "volunteer worker" under any other valid and collectible insurance. Item 8. - HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section 11– Who Is An Insured is deleted unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x -ray or nursing services, treatment, advice or instruction; or ta_ (ii) The "employee" has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II – Who Is An Insured is replaced by the following: 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until i. the 180th day after you acquire or form the organization; or ii. separate coverage is purchased for the organization; or iii. the end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and e. Coverage B does not apply to "personal and advertising injury" arising out of azi offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any past partnership, current or past joint venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item 10. - BLANKET ADDITIONAL. INSURED AND WAIVER OF SUBROGATION— MANAGERS OR LESSORS OF PREMISES A. Section 1I – Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that: 1. the "bodily injury ", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and 2. the written agreement is in effect at the time of the "bodily injury", "property damage ", "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to as the additional insured. LG 32 34 09 07 Page 3 of 8 g P5260U28W 2 d The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury° arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury ", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to; I. Any "occurrence" that takes place after you cease to be a tenant in that premises. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. tti D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section II - Who Is An Insured is amended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that: 1. the "bodily injury," "property damage," or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the written agreement; sad 2. the written agreement is in effect at the time of the "bodily injury," "property damage," or "personal and advertising injury" for which coverage is sought That person or organization shall be referred to as the additional insured. The coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury," or "property damage," "personal and advertising injury" arising out of "your work" included in the "products - completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written LG 32 34 09 07 Page 4 of 8 P521MM121 M12 M agreement and only for liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, 00 your agents, or your subcontractors. v There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. > Z W If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. to "bodily injury" or "property damage" that occurs during the ongoing operations of a project where you have Purchased an Owners & Contractors Protective Liability or Railroad Protective Liability Policy for the additional insured. 3. when coverage is available under a consolidated (wrap up) insurance program in which you are involved, D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless the written agreement with you requires that the insurance provided for the additional insured be primary concurrent or primary non - contributory, in comparison to the additional insured's own policy or policies. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 12. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with premises owned by you provided that: LG 32 34 09 07 Page 5 of 8 PSHAWKW2 (a) the "bodily injury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and (b) the written agreement is in effect at the time of the "bodily injury", "property damage ", "personal injury" or "advertising injury" for which coverage is sought That person or organization shall be referred to as the additional insured. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any premises or equipment leased to you. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy. will apply solely on the basis required by such written agreement. To the extent that the additional insured has the tight to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 13. - ADDITIONAL INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS A. Section 11 — Who Is An Insured is amended to include as an additional insured any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In connection with your premises; or 2. In the performance of your ongoing operations. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, 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. Item 14. - ADDITIONAL INSURED — STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Section II — Who Is An Insured is amended to include as an additional insured any state, municipality or political subdivision with respect to any operations performed by you, or on your behalf, for which the state, municipality or political subdivision has issued a permit However, this insurance does not apply to: LG 32 34 09 07 Page 6 of 8 wlO r- 00 z w ate 1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations oo performed for the state, municipality or political subdivision; or p 2. Any "bodily injury" or "property damage" included within the "products- completed operations hazard ", n except when required by written contract or agreement initiated prior to loss; or 3. 'Bodily injury ," "property damage" or "personal and advertising injury," unless negligently caused, in o whole or in part, by you or those acting on your behalf, j z Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION — LESSOR OF LEASED EQUIPMENT A. Section 11 - Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment when you and such person or organization have agreed in a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of dre additional insured or by those acting on behalf of the additional insured. A person's or organization's status as an additional insured under this endorsement ends when the agreement with you for such leased equipment ends. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. C. Other Insurance This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 16. - KNOWLEDGE OF OCCURRENCE Subparagraph 2.a., b. and c. of Condition 2. Section IV — Commercial General Liability Conditions are amended to add the following. As used in this paragraph, the word "you" refers to an "executive officer ", partner, member or legal representative, and any other "employee" with insurance or risk management responsibilities. Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV — Commercial General Liability Conditions is amended to add the following. Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. LG 32 34 09 07 Page 7 of 8 P516W2X(X)2 Item 18. - BODILY INJURY REDEFINITION WE The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish, which results at any time from such physical harm, physical sickness or physical disease. Mental anguish means any type of mental or emotional illness or distress. Item 19. - MOBILE EQUIPMENT REDEFINITION Paragraph 12. f.(1) (a), (b) and (e) of Section V — Definitions does not apply to self - propelled vehicles of less than 1000 pounds gross vehicle weight Item 20. - SUPPLEMENTARY PAYMENTS Section I - Coverages, Supplementary Payments - Coverages A and B, item 1. b. and 1. d., respectively, are replaced with: b. Up to $2,500 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. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. Item 21. - LIBERALIZATION Section IV - Commercial General Liability Conditions is amended to add the following M 10. Liberalization LG 32 34 09 07 If we adopt a change in our forms or rule which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. S13CRST w�PRIISID IiNT Countersigned by — _ Auutho&W Repowwtidve _.. Page 8 of 8 P52(AX)28(X)2 THIS, ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF - INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. Name of Other Person(s) I Organization(s): As required by written contract LA 99 224 09 10 SCHEDULE Email ,address or mailing address: Per schedule on file with company Number Days Notice: 30 days Page 1 of 1 M u, O 10 r 00 z w P52UA)28(X)2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PART A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) / Organization(s): Email Address or mailing address: Number Days Notice: As required by written contract Per schedule on file with company 30 -days All other terms and conditions of this policy remain unchanged. WM 90 18 09 10 2010 Liberty Mutual Group of Companies Ed. 09/01/2010 All Rights Reserved Page 1 of 1 3 - wl 00 w 0 ^I i a rsznouzxuu? ACO OR L AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. NAMED INSURED Redflex Traffic Systems, Inc. 23751 N. 23rd Avenue, Suite 150 Phoenix, AZ 85085 -1854 POUCYNUMBER CARRIER NAIC CODE EFFECTIVE DATE: AUDI I IUNAL KLMANKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: THIRD PARTY FIDELITY COVERAGE - Carrier: TRAVELERS CAS A SURETY CO OF AMER[A +,XV] NAIC #31194- Policy #: 105581275 1 Effective: 04/01/2012 to 04/01/2013 1 Limit: $500,00 single lose limit for Employee Theft of- Client Property I Retention: $10,000 - PROPERTY COVERAGE - Carrier: LIBERTY MUTUAL FIRE INS CO [AMBest: A,XV] NAIC #23035- Policy #: YU2 -L9L- 453980 -062 I Effective: 04/01/2012 to 04/01/2013 - Blanket Personal Property: $23,155,0001 Installation- PP /PPO: $1,000,000 1 Installation / Transit: $250,000 ACORD 101 (2008/01) Wd ZUUU AL;UHIJ GVHYVHA I IVH. A11 n8nla Faaefvuu. The ACORD name and logo are registered marks of ACORD 00 h z w CERTIFICATE OF LIABILITY INSURANCE I DATE 3YY) 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 BETWEEWTHE. ISSUING ItJSL ER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC 80726293 1- 925- 299 -1112 CONTACT NAME: P er Certificate Department Arthur J. Gallagher & Co. PHONE 925299-1112 FAX 925 -953 -6270 Insurance Brokers of California, Inc. ,(A& Ng,@xt1�_ -= AIC No: 3697 Mt. Diablo Boulevard, Suite 300 incs Sherri iordanBAJG.COM Lafayette, CA 94549 Client No. RXDFTPA -02 INSURED Redflex Traffic System., Inc. 23751 N. 23rd Avenue, Suite 150 Phoenix, AZ 85085 -1854 RA: WAUSAU UNDERWRITERS INS CO [AMBest:A,XV]26042 RE : LIBERTY INS CORP 42404 RC SAVERS PROP & CAS INS CO[AMBeSt: A,IX] 16551 RD: COVERAGES CERTIFICATE NUMBER: 32788040 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLISUBR POLICY EFF POLICY NUMBER MMIDDIYYYY POLICY EXP MMIODIYYYY LIMITS • GENERAL LIABILITY X TBJ -Z91- 453980 -033 ! 04/01/1 04/01/14 EACH OCCURRENCE $ 1,000,000 X CO MMERCIAL GENERAL LIABILITY CLAIMS -MADE X1 OCCUR 'I Ana, CA 92702 DAMAGE PREMISES RENT occurrence) PREMISES (Ear $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY_ X $25X BI /PD DE $1,000,000 _ _ GENERAL AGGREGATE I $ 2,000,000 GEN'LAGGREGATE LIMIT APPLI ESPER'. POLICY X PRO- X LOC— PRODUCTS- COMPIOPAGG $2,000,000 $ • ''. AUTOMOBILE LIABILITY _ ASJ -Z91- 453980 -023 04/01/1 04/01/141 COMBINED SINGLE LIMIT Ea acnden0_,_ 1,000,000 BODILY INJURY (Per parson) $ X ANY AUTO -J ALL OWNED SCHEDULED _ AUTOS AUTOS 11 HIRED AUTOS -I AUOTOSWNEO R (COMP /LOLL g DED +:$5,000' BODILY INJURY (Per accident ) $ PROPERTY DAMAGE Per acc tlenQ,- ,__.._. $ < *HAPD Ded $ B X UMBRELLA X OCCUR TH7 -Z91- 453980 -043 04/01/13 04/01/141 EACH OCCURRENCE $ 5,_000,000 AGGREGATE $ 51000,000 EXCESS LIAS CLAIMS - MADE', 'DEp I X I RETENTION$ 10,000 i $ A WORKERS COMPENSATIONWCJ AND EMPLOYERS' LIABILITY YIN AN V PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA -Z91- 453980 -073 04/O1/1� 04/01/14 WC 9TATU - -0TH- X T RV IMT E.L EACH ACCIDENT $ 1,000,000 --- - -- EL. DISEASE - EA EMPLOYEE $ 1,0D0,000 (Mandium, in NHl If yes, describe under DESCRIPTION OF OPERATIONS belnw _ '___ -- – E.L. DISEASE POLICY LIMIT $ 1, 000, 000 C PROFESSIONAL /CYBER LIAR. PL 0641032 04/01/1 04/01/14 $50K.SIR EaClm /Agg 2,000,000 (See attached Suppl. Page...) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) RE: Activities performed by or on behalf of the permittee or contractor as required by contract. ADDITIONAL INSURED(S): The City of Santa Ana, CA, its officers, employee. and volunteers as required by written contract. <see attached for policy endorsement or s> [Q) `,OI, ©1988 -2010 ACORD CORPORATION_ All roldt. reserve ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD shekari 32788040 L_c - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 'City of Santa Ana - --fir Slltt 5110 �� THE E %PIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Paula Coleman t,aNTH ACCORDANCE WITH THE POLICY PROVISIONS. 11 OtV Attorne1 20 Civic Center Plaza, M -29 AUTHORIZED REPRESENTATIVE Santa Ana, CA 92702 2, -�� USA �,IY�Ce �Y"° ©1988 -2010 ACORD CORPORATION_ All roldt. reserve ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD shekari 32788040 AGENCY CUSTOMER ID: LOC #: AO ® ADDITIONAL REMARKS SCHEDULE Page of AGENCY Arthur J. Gallagher & Co. NAMED INSURED Insurance Brokers of California, Inc. Redflex Traffic Systems, Inc. 23751 N. 23rd Avenue, Suite 150 POLICYNUMBER Phoenix, AZ 85085 -1854 CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: THIRD PARTY FIDELITY COVERAGE Carrier: TRAVELERS CAS & SURETY CO OF AMERIAa,XV] NAIC #31194 Policy #: 105581296 I Effective: 04/01/2013 to 04/01/2014 1 Limit: $500,000 Aggregate limit for Employee Theft of Client Property I Retention: $50,000 PROPERTY COVERAGE Carrier: LIBERTY MUTUAL FIRE INS CO /LIBERTY MUTUAL INSURANCE CO. IAMBeet: A,XV] NAIC #23035 Policy #:YU2 -L9L- 453980- 063/SFOMC10043104 I Effective: 04/01/2013 to 04/01/2014 Blanket Personal Property: $23,260,0001 Installation- PP /PPO: $1,000,000 1 Installation / Transit: $250,000 101 (2008/01) 2008 ACORD CORPORATION. All rights The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 03/28/2013 NAME OF INSURED: Redflex Traffic Systems, Inc. Additional Description of Operations /Remarks from Page 1: Additional Information: GENERAL LIABILITY: • Separation of Insureds applies per policy form. • Additional Insured if required by written contract per attached fors LG3234 0907. • Coverage is Primary 6 Non - Contributory if required by written contract per form LG3234 0907. SUPP (05/04) Policy No. TBJ- Z91- 453980 -033 Policy No. ASJ -Z91- 453980 -023 Policy No. TH7 -291- 453980 -043 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF - INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. All other terms and conditions of this policy remain unchanged. Name of Other Person(s) I Organ ization(s): As required by written contract SCHEDULE Email Address or mailing address: Per schedule on file with company Number Days Notice: 30 days LA 99 224 09 10 Page 1 of 1 Policy No. THJ -Z91- 453980 -033 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. LIBERTY DirectSolutions for Contractors (with Professional Liability) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance by broadening the insurance provided by CG 00 01. Index of modified items: Item I - REASONABLE FORCE Item 2. - NON -OWNED WATERCRAFT EXTENSION Item 3. -ALIENATED PREMISES Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL Item S. - CONTRACTORS PROFESSIONAL LIABILITY Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE Item 7. - BODILY INJURY TO CO- EMPLOYEES Item 8. - HEALTH CARE PROFESSIONALS AS INSUREDS Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Item 10. - BLANKET ADDITIONAL INSURED AND WAIVER OP SUBROGATION — MANAGERS OR LESSORS OF PREMISES Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) Item 12. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION - PERSON OR ORGANIZATION Item 13. - ADDITIONAL INSURED - ARCHITECTS, ENGINEERS OR SURVEYORS Item 14. - ADDITIONAL. INSURED - STATE, MUNICIPALITY OR POLITICAL SUBDIVISION - PERMITS Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION - LESSOR OF LEASED EQUIPMENT Item 16. - KNOWLEDGE OF OCCURRENCE Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Item 18. - BODILY INJURY REDEFINITION Item 19.- MOBILE EQUIPMENT REDEFINITION Item 20. - SUPPLEMENTARY PAYMENTS Item 21. - LIBERALIZATION These changes broaden the policy sections described unless differing language is separately endorsed to the coverage part. Item 1. - REASONABLE FORCE Exclusion a. of Coverage A 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. Item 2. - NON -OWNED WATERCRAFT EXTENSION Subparagraph g.(2) of Exclusion g. of Coverage A (Section I - Coverages) is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long, and (b) Not being used for public transportation or as a common carrier. Item 3. - ALIENATED PREMISES Subparagraph j.(2) of Exclusions of Section I - Coverages - Bodily Injury And Property Damage Liability is replaced by the following. LG 32 34 09 07 Page 1 of 8 (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurs from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. Item 4. - PROPERTY IN YOUR CARE, CUSTODY OR CONTROL 1. Subparagraphs (3) mid (4) of exclusion j. of coverage A. do not apply except to (a) borrowed equipment, or (b) "property damage" to property in your care, custody and control while in transit. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. 2. Limits of Insurance Subject to Paragraphs 1, 3., mid 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by paragraph 1., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or orgs izations who sustain damage because of that "occurrence." The Aggregate Limit is the most we will pay for the sum of all occurrences covered by this provision. Item 5. — CONTRACTORS PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to 'bodily injury", "property damage' or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you, but only with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. Professional services include: 1. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and 2. Supervisory or inspection activities performed as part of any related architectural or engineering activities. This exclusion does not apply to your operations in connection with construction work perfornwd by you or on your behalf. Item 6. - DAMAGE TO PREMISES RENTED TO YOU - EXPANDED COVERAGE A. Fire, Lightning Or Explosion Damage The last paragraph of 2. Exclusions under Section I — Coverage A is replaced by the following: Exclusions c. through n. do not apply to damage to premises rented to you or temporarily occupied by you with permission of the owner when the damage is caused by fire, lightning, or explosion or subsequent damages resulting from such fire, lightning or explosion, including water damage. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. B. Limits for Damage to Premises Rented to You Paragraph 6. of Section III — Limits of Insurance is replaced by the following Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for any combination of: LG 32 34 09 07 Page 2 of 8 (a) damage caused by fire, lightning, or explosion or subsequent damages resulting from such Ere, lightning or explosion, includingwater damage to premises rented to you, or temporarily occupied by you with permission of the owner; and (b) "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days, Item 7, - BODILY INJURY TO CO- EMPLOYEES 1. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (c) of Section II – Who Is An Insured do not apply to your supervisory or management "employees" for "bodily injury" only. 2. Subject to the Each Occurrence Limit and the General Aggregate Limit, Paragraphs 2.a.(1)(a), (b) and (e) of Section Il – Who Is An Insured do not apply to your "employees" or'voluntecr workers" for "bodily injury" arising out of a Good Samaritan act to a co- "employee" or co- "volunteer worker." A Good Samevtm act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. Damages owed to an injured co -"employee" or `volunteer worker" will be reduced by any amount paid or available to the injured co- "employee" or "volunteer worker" under any other valid and collectible insurance. Item 8. - HEALTH CARE PROFESSIONALS AS INSUREDS Paragraph 2.a. (1) (d) of Section II – Who Is An Insured is deleted unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x -ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has any other insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. Item 9. - NEWLY FORMED OR ACQUIRED ENTITIES Paragraph 3. of Section II – Who Is An Insured is replaced by the following: 3. Any organization, other than a joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until i, the 180th day after you acquire or form the organization; or ii. separate coverage is purchased for the organization; or iii. the end of the policy period, whichever is earlier. 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 forted the organization. No person or organization is an insured with respect to the conduct of any past partnership, current or past joint venture or past limited liability company that is not shown as a Named Insured in the Declarations. Item 10. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION— MANAGERS OR LESSORS OF PREMISES A. Section II – Who Is An Insured is amended to include as an insured any manager or lessor of premises leased by you in which the written lease agreement obligates you to procure additional insured coverage, provided that: 1. the `bodily mlury", "property damage" or "personal and advertising injury" giving rise to liability occurs subsequent to the execution of the agreement; and 2. the written agreement is in effect at the time of the "bodily injury", "property damage ", "personal and advertising injury" for which coverage is sought That person or organization shall be referred to as the additional insured. LG 32 34 09 07 Page 3 of 8 The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your employees, your agents, or your subcontractors. There is no coverage for the additional insured for "bodily injury', "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and Advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any "occurrence" that takes place after you cease to be a tenant in that premises. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of the Additional Insured. 3. Any premises for which coverage is excluded by endorsement. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. To the extent that the additional insured has the tight to pursue any other insurance carrier for coverage, including a defense, we. shall share that right with the additional insured. Item 11. - EXPANDED BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION (FOR INSTALLATION EXPOSURES) A. Section I1 - Who Is An Insured is aniended to include as an insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, provided that: 1. the "bodily injury ," "property damage," or "personal And advertising injury" giving rise to liability occurs subsequent to the execution of the written agreement; and 2. the written agreement is at effect at the time of the `bodily injury," "property damage," or "personal and advertising injury" for which coverage is sought. That person or organization shall be referred to As the additional insured. The coverage afforded to the additional insured is limited to liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to `bodily injury," or "property damage," "personal and advertising injury" arising out of "your work" included in the "products- completed operations hazard" unless you arc required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written LG 32 34 09 07 Page 4 of 8 agreement and only for liability caused, in whole or in part, by the negligent acts or omissions of you, your employees, your agents, or your subcontractors. These is no coverage for the additional insured for `bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive anv right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: 1. to 'toddy injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architecmral, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field order:, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2, to "bodily injury' or "property damage" that occurs during the ongoing operations of a project where you have purchased an Owners & Contractors Protective Liability or Railroad Protective Liability Policy for the additional insured. 3. when coverage is available under a consolidated (wrap up) insurance program in which you are involved. D. Other Insurance The insurance provided by this endorsement applies only to coverages and limits of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless the written agreement with you requires that the insurance prodded for the additional insured be primary concurrent or primary non - contributory, it comparison to the additional insured's own policy or policies. To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 12. - BLANKET ADDITIONAL INSURED AND WAIVER OF SUBROGATION — PERSON OR ORGANIZATION A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or is part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with premises owned by you provided that: LG 32 34 09 07 Page 5 of 8 (a) the "bodily injury", "property damage" or "personal and advertising injury-" giving rise to liability occurs subsequent to the execution of the agreement; and (b) the written agreement is in effect at the time of the "bodily injury", "property damage ", "personal injury" or "Advertising injury" for which coverage is sought That person or organization shall be referred to as the additional insured. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured, except as provided below. If the written agreement to indemnify an additional insured requires that you indemnify the additional insured for its sole negligence, then the coverage for the additional insured shall conform to that agreement; provided, however, that the contractual indemnification language of the agreement is valid under the law of the state where the agreement was formed. If the written agreement provides that a particular state's law will apply, then such provision will be honored. B. Waiver Of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. C. Exclusions This insurance does not apply to: 1. Any premises or equipment leased to you. 2. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf. D. Other Insurance The insurance provided by this endorsement applies only to coverages and Writs of insurance required by written agreement, but in no event exceeds either the scope of coverage or the limits of insurance available within this policy. This insurance shall be excess over arty other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 13. - ADDITIONAL. INSURED — ARCHITECTS, ENGINEERS OR SURVEYORS A. Section II — Who Is An Insured is amended to include as an additional insured any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In connection with your premises; or 2. In the performance of your ongoing operations. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, 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. Item 14. - ADDITIONAL INSURED — STATE, MUNICIPALITY OR POLITICAL SUBDIVISION- PERMITS Section II — Who Is An Insured is amended to include as an additional insured any state, municipality or political subdivision with respect to any operations performed by you, or on your behalf, for which the state, municipality or political subdivision has issued a permit However, this insurance does not apply to: LG 32 34 09 07 Page 6 of 8 1. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; or 2. Any "bodily injury" or "property damage" included within the "products - completed operations hazard ", except when required by written contract or agreement initiated prior to loss; or 3. `Bodily injury," "property damage" or "personal and advertising injury," unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 15. - ADDITIONAL INSURED AND WAIVER OF SUBROGATION — LESSOR OF LEASED EQUIPMENT A. Section I1 - Who Is An Insured is amended to include as an additional insured any person or organization from whom you lease equipment when you and such person or organization have agreed in a written agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. There is no coverage for the additional insured for "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of the additional insured or by those acting on behalf of the additional insured. A person's or organization's status as an additional insured under this endorsement ends when the agreementwith you for such leased equipment ends. B. Waiver of Subrogation For any additional insured that obtains insured status on this policy through paragraph A., above, we waive any right of recovery we may have against the additional insured because of payments we make. for 'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. C. Other Insurance This insurance shall be excess over any other insurance available to the additional insured, whether such insurance is on an excess, contingent or primary basis, unless you are obligated under a written agreement to provide liability insurance for that additional insured on any other basis. In that event, this policy will apply solely on the basis required by such written agreement. - To the extent that the additional insured has the right to pursue any other insurance carrier for coverage, including a defense, we shall share that right with the additional insured. Item 16. - KNOWLEDGE OF OCCURRENCE Subparagraph 2.a., b. and e. of Condition 2. Section IV — Commercial General Liability Conditions are amended to add the following As used in this paragraph, the word "you" refers to an "executive officer ", partner, member or legal representative, and any other "employee" with insurance or risk management responsibilities. Item 17. - UNINTENTIONAL ERRORS AND OMISSIONS Paragraph 6. of Section IV — Commercial General Liability Conditions is amended to add the following: Any unintentional error or omission in the description of, or failure to completely describe, any premises or operations intended to be covered by this policy will not invalidate or affect coverage for those premises or operations. However, you must report such error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. LG 32 34 09 07 Page 7 of 8 Item 18. - BODILY INJURY REDEFINITION The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person. It includes death or mental anguish, which results at any time from, such physical harm, physical sickness or physical disease. Mental anguish means any type of mental or emotional illness or distress. Item 19. - MOBILE EQUIPMENT REDEFINITION Paragraph 12. E(1) (a), (b) and (c) of Section V — Definitions does not apply to self - propelled vehicles of less than 1000 pounds gross vehicle weight. Item 20. - SUPPLEMENTARY PAYMENTS Section I - Coverages, Supplementary Payments - Coverages A and B, item 1. b, and 1. d -, respectively, are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic taw 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. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. Item 21. - LIBERALIZATION Section 1V - Commercial General Liability Conditions is amended to add the following 10. Liberalization If we adopt a change in our forms or Wile which would broaden your coverage without an extra charge, the broader coverage will apply to this policy. This extension is effective upon the approval of such broader coverage in your state. PLA Rr 77JJ / /�_jjA+ SfiCPTi�JI� )t � lt&SQ>EN7 Countenigned by Aulhovzed Aepmcentarive LG 32 34 09 07 Page 8 of 8 Policy No. WCJ- Z91- 453980 -073 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PART A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s) ! Organ ization s : Email Address or mailing address: Number Days Notice: As required by written contract Per schedule on file with company 30 -days All other terms and conditions of this policy remain unchanged. WM 90 18 09 10 2010 Liberty Mutual Group of Companies Page I of 1 Ed. 09/01 /2010 All Rights Reservcd rszeoo2xuve Arthur J. Gallagher & Co. 3697 Mt. Diablo Boulevard, Suite 300 Lafayette, CA 94549 20140023924 Electronic Service Requested c B IX B PO C /� w O SINGLE PIECE -, 6581 1.6136 SP 0.500 rr�Ilrr�Illie1rulsd�4�hllrrululllldlllP411hdrll��lll� City of Santa Ana 175 �D AULA COLEMAN 20 CIVIC CENTER PLAZA, M -29 Santa Ana, CA 92702 This document was brought to you by Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. in Lafayette, CA. via CertifiCatesNOw.- Any documents forwarded with the certificate request were reviewed for the sole purpose of completing the certificate. - If you have questions regarding the content of this document, please contact Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. Phone: (925) 299 -1112 or Certificate Pax: (925) 953-6270 - The data included in this notice and in the attached document is confidential to Ebix /CertificatesNow end Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. - cc: The data included in this notice and in the attached document is confidential to Ebix BPO and the party responsible for bringing you this information. Certificate Delivery by CertificatesNow - www.ConfirinNet.com - 877.669.8600 mwloail.2 �PSSaoasaoxa S Acoa °® DATE(MWODI14 CERTIFICATE OF LIABILITY INSURANCE 03/31 /cola 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(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0726293 1- 925-299 -1112 Arthur J. Gallagher & Co. InSurence Brokers of California, Inc. CNwVCT Certificate Department PHONE gas- 299 -1112 FAX 925- 953 -6270 UU Ex' AIC NO: 3697 Mt. Diablo Boulevard, Suite 300 _ ADDRESS: sherri_jordan@AJG.CON INSURERS AFFORDING COVERAGE _ NAIC4 Lafayette, CA 94549 INSURERA: LIBERTY NOT FIRE INS CO _ 23035 Client No. REDPTRA -02 INSURED Redflex Traffic Systems, Inc. INSURER B: LIBERTY INS CORP 42404 INSURER C: WESTCFOSTSR SURPLUS LINES INS CO 10172 INSURER O: D TORENTED PREMI SES Ea occurrence) 23751 N. 23rd Avenue, Suite 150 INSURER E: $ 5,000 Phoenix, AZ 85085 -1854 INSURER F: COVERAGES CERTIFICATE NUMBER: 39078638 REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR L TYPE OF INSURANCE POLICYNUMBER MM Do I Y FF POLICY D� LIMITS A GENERAL LIABILITY X M2 -Z91- 453980 -034 04/01/1 04/01/15 EACH OCCURRENCE $ 1,000,000 • COMMERCIAL GENERAL � LIALITY CLAIMS-MADE LJ OCCUR D TORENTED PREMI SES Ea occurrence) $ 1,000,000 MED EXP(An ono person) $ 5,000 • $25R HI /PD DED PERSONAL &AOV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $2,000,000 POLICY [fl PRO- X LOC $ A_ AUTOMOBILE LIABILITY- - - -- AZ2 -Z91- 453980 -024 1 04/01/15 COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY (Perp nsw) X ANY AUTO $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per amidenl) $ HIRED AUTOS NO"WNED AUTOS PROPERTY DAMAGE Per accident $ X COUP /COLL X DED-05,000 <- *HAPD Dad $ B X UMBRELLA LIAR % OCCUR TH7 -Z91- 453980 -044 04/01/1 04/01/15 EACH OCCURRENCE $ 51000,000 _ AGGREGATE $ 5,000,000 EXCESS LIAR CLAIMS -MADE DED I X I RETENTION S 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN NC2 -Z91- 453980 -074 04/01/1 04/01/15 X WC STATU- OTH E.L. EACH ACCIDENT - - -- $1,000,000 ANY PROPRIETORIPARTNERIE XECUTIVE❑ OFFICEPoMEMBER EXCLUDED? NIA E.L. OISEASF.- EA EMPLOYEE - -- $ 1,000,000 (Mendeleev 1.NH) Din, daecdbe under 0ESCRIPTIONOFOPERATIONSbelxw "' - - - -- LL DISEASE - POLICY LIMIT - - -- $ 1,000,000 C PROFESSIONAL /CYBER LIAS. 627435075 04/01/1 06/01/15 $50R. SIR I EaClm /Agg 2,000,000 (See attached Suppl. Page...) DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atmch ACORD IN, Additional Remits Schedule, If more spew Is required) RE: Activities performed by or on behalf of the permittee or contractor as required by contract. ADDITIONAL INSusau)(S): The City of Santa Ana, CA, its officers, employees and volunteers as required by wrAtttX�i�C T,q/r.[ A q.® FORM ta�Y A` ,` �lNLY�i�. laA Ar(�V11:%�/.. t.r <see attached for policy endorsement former Laura A. Rossini YGRI11"IVXIC RVLVGR VXI \.,CLLMIIVry - ✓ ✓ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE `City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Paula Coleman ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M -29 AUTHORIZED REPRESENTATIVE /J Santa Ana, CA 92702 / /,-�j 'w� USA �) (c17nnn.907n Ar.nwn nr1RPnRATInN All dnhfe .umwnA ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD shekari 39078638 m w O N m z W V52611113µ11112 SUPPLEMENT TO CERTIFICATE OF INSURANCE 03/3D112014 NAME OF INSURED: Redflex Traffic Systems, Inc.. Additional Descriptlon of Operations/Remarks from Page 1: Additional Inform, t� Ion; GENERAL LIABILITY: • Separation of Insureds applies per policy form. • Additional Insured if required by written contract per attached form LCO443 0512. • Coverage is Primary & Non - Contributory if required by written contract per form LCO443 0512. SUPP (05/04) 00 w O N w z w Nszroiaemia ACORDe L---r AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. NAMEDINSURED Redflex Traffic Systems, Inc. 23751 N. 23rd Avenue, Suite 150 Phoenix, As 85085 -1854 POUCYNUMBER CARRIER NAICCODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: INSURED & THIRD PARTY FIDELITY COVERAGE - Carrier: TRAVELERS CAB & SURETY CO OF ANER[A +,XV] NAIC #31194- Policy #: 105581296 I Effective: 04/01/2014 to 04/01/2015 1 Limit: $500,000 Aggregate limit for Employee Theft & Employee Theft of Client Property I Retention: $50,000 - PROPERTY /CARGO COVERAGE - Carrier: LIBERTY MUTUAL FIRE INS CO /LIBERTY MUTUAI, INSURANCE CO. [AMBest: A,Xv] NAIC #23035 Policy #:YU2 --L9L- 453980- 064/SFOMCIO0431051 Effective: 04/01/2014 to 04/01/2015 - Blanket Personal Property: $23,210,0001 Installation- PP /PPO: $1,000,000 1 Installation / Transit: $250,000 (Blanket Personal Property includes Personal Property of Others and valuable Papers and records . at insured locations). `APPROVED AS TO Fit-- 1` qua" � �4 _ t l Laura A. Rossini Assistant City Attorney ACORD 1Ul (2008101) U 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD w O b W s z�oa APPROVED AS TO FORM Laura A. Rossini Axsj.stant City Attorney Policy Number T132491- 453980 -034 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non-Owned Watercraft Extension Item 3. Damage To Premises Rented To You - Expanded Coverage Item 4. Bodily Injury To Co-Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Item 7. Notice Of Occurrence Item 8. Unintentional Errors And Omissions Item 9. Bodily Injury Redefinition Item 10. Supplementary Payments — Increased Limits Item 11. Property In Your Care, Custody Or Control Item 12. Mobile Equipment Redefinition Item 13. Newly Formed Or Acquired Entities Item 14. Blanket Additional Insured Where Required By Written Contract Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 15. Blanket Additional Insured — Grantors Of Permits Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 17. Other Insurance Amendment Item 18. Contractual Liability • Railroads Item 1. Reasonable Force Exclusion a. of Section I - 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. Item 2. Non -Owned Watercraft Extension Paragraph (2) of Exclusion; g., of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that Is: LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. w w O M ii �esxu""zeauz (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; 'uf. '' — ca w 0 a Item 3. Damage To Premises Rented To You - Expanded Coverage e A. The final paragraph of 2, Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following Exclusions c. through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of 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 any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C, Paragraph 9.a. of the definition of "insured contract" in Section V — Definitions is replaced by the following: 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 or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract ". D. The paragraph immediately following Paragraph (6) of exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following; Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to YOU for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Item 4. Bodily Injury To Co- Employees A. Paragraph 2. of Section II -Who Is An Insured is amended to include: Each of the following is also an insured: Your supervisory or management "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury ": (1) To you; (2) To your partners or members (if you are a partnership orjoint venture); LC 04 43 0512 © 2012 liberty Mutual Insurance. All rights reserved. Page 2 of 9 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. vs2euu280M (3) To your members (if you are a limited liability company); or W 00 w 0 d (4) To a co- "employee" or "volunteer worker" while that co- "employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Your "employees" (other than either your "executive officers" (if you are an organization other than a W partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are Insureds while in the course of their employment or while performing duties related to the conduct of your business for a Good Samaritan Act that results in "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co- "employee" or "volunteer worker" while that co -"employee" or"volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). A Good Samaritan Act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt Is not recklessly made. However, none of these "employees" (including supervisory or management "employees ") or "volunteer workers" are Insureds for the providing or failure to provide professional health care services. B. The insurance provided by this Item 4, will not apply if the injured person's sole remedy for such injury is provided under a workers' compensation law or any similar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Wealth Care Professionals As Insureds A. Paragraphs 2.a (1)(a) and (d) of Section II - Who Is An Insured do not apply to "bodily injury" or "personal and advertising injury" arising out of the providing of or failure to provide professional health care services by any "employee" or "volunteer" of the Named Insured who is a "designated health care provider" if the "bodily injury" or "personal and advertising injury" occurs in the course and scope of the "designated health care provider's" employment by the Named Insured. B. With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This Insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 3 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. FPWI6INA""0 Item 9. Bodily Injury Redefinition The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10, Supplementary Payments - Increased Limits Paragraphs 1.1b. and 1.d. of Section I - Supplementary Payments - Coverages A And B, are replaced by the following: b. Up to $3,000 for cost of ball 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. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. LC 04 43 0512 O 2012 Liberty Mutual Insurance. All rights reserved. Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. W (5) Punitive or exemplary damages, fines or penalties. o C. The following definition is added to Section V - Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 8. Knowledge Of Occurrence Knowledge of an "occurrence" by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" or other third party designated by you 4o notify us of "occurrences" has knowledge of the "occurrence ". Item 7. Notice Of Occurrence For purposes of Paragraph 2.a. of Section IV - Conditions, you refers to an "executive officer" of the Named Insured or to the "employee" designated by the insured to give us nofice. Item 8. Unintentional Errors And Omissions Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However, you must report such an error or omission to us as soon as practicable after its discovery. - - This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Item 9. Bodily Injury Redefinition The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10, Supplementary Payments - Increased Limits Paragraphs 1.1b. and 1.d. of Section I - Supplementary Payments - Coverages A And B, are replaced by the following: b. Up to $3,000 for cost of ball 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. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. LC 04 43 0512 O 2012 Liberty Mutual Insurance. All rights reserved. Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. eseeo"swmz Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of exclusion j. of Section I — Coverage A — Bodily Injury and Property Damage Liability only apply to: W co ra„ 0 v, 1. 'Property damage" to borrowed equipment, or ° z 2. 'Property damage" to property in your care, custody and control while in transit. w B. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph A., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one 'occurrence" regardless of the number of persons or organizations who sustain damage because of that occurrence ". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. Item 12. Mobile Equipment Redefinition The definition of "Mobile Equipment" in Section V — Definitions is amended to include self - propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road Maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13. Newly Formed Or Acquired Entitles Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization, other than a partnership or Joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest will qualify as a Named Insured if there is no other similar Insurance available to that organization. a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 5 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. [-1,526W M02 (3) Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Owners, Lessees or Contractors: any person(s) or organizatlon(s) to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees ", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury ", "properly damage ", or "personal and advertising injury' arising out of "your work" included in the "products- completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees ", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. LC 04 43 0512 0 2012 Liberty Mutual Insurance. All rights reserved. Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. w c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before o you acquired or formed the organization. Item 14. Blanket Additional Insured Where Required By Written Contract Paragraph 2. of Section II - Who Is An Insured is amended to add the following: 00 e. Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed in a written contract or written agreement to provide them coverage as additional insureds under your policy: (1) Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) Managers or Lessors of Premises: Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your "employees ", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional Insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; or (b) Any premises for which coverage is excluded by endorsement. (3) Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Owners, Lessees or Contractors: any person(s) or organizatlon(s) to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees ", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury ", "properly damage ", or "personal and advertising injury' arising out of "your work" included in the "products- completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees ", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. LC 04 43 0512 0 2012 Liberty Mutual Insurance. All rights reserved. Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. M a If the written agreement obligates you to procure additional insured coverage for the additional insured's p sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. 00 This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising injury" e arising out of the rendering of, or the failure to render, any professional architectural, engineering or z surveying services, including: w (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (5) Architects, Engineers or Surveyors: any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations. This Insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) 'rho preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (6) Any Person or Organization Other Than a Joint Venture: Any person or organization (other than a joint venture of which you are a member) for whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf; (a) In the performance of your ongoing operations; or (b) In connection with premises owned by you. This insurance does not apply to: 1. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; 2. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, specification or the performance of any other professional services by such person or organization; or 3. Any person or organization more specifically covered in Paragraphs e.(1) through (5) above. The insurance afforded to any person or organization as an insured under this Paragraph 2.e.: (1) Applies only to coverage and minimum limits of insurance required by the written agreement or written contract, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; LC 04 43 0512 @ 2012 Liberty Mutual Insurance. All rights reserved. Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Fesss .., (2) Does not apply to any person or organization for any "bodily injury", "property damage" or "personal and o advertising injury" if any other additional insured endorsement attached to this policy applies to that person r or organization with regard to the "bodily injury', "property damage" or "personal and advertising injury"; (3) Applies only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising Injury" is committed, subsequent to the execution of the written agreement; and e (4) Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. Item 15, Blanket Additional insured— Grantors Of Permits Paragraph 2. of Section II - Who Is An Insured is amended to add the following: Any state, municipality or political subdivision with respect to any operations performed by you or on your behalf, or in connection with premises you own, rent or control and to which this insurance applies, for which the state, municipality or political subdivision has issued a permit. However, this insurance does not apply to: 1. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products- completed operations hazard ", except when required by written contract or agreement initiated prior to loss; or 3. "Bodily injury ", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement -- - The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products- completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily Injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. Item 17. Other Insurance Amendment If you are obligated under a written agreement to provide liability Insurance on a primary, excess, contingent, or any other basis for any person or organization that qualifies as an additional Insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4, Other Insurance of Section IV — Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence ", claim or "suit ". Item 18. Contractual Liability — Railroads Paragraph 9. of Section V - Defini8ons is replaced by the following: 9. "Insured Contract" means: LC 04 43 0512 © 2012 Liberty Mutual Insurance. All rights reserved. Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PUNG2 %0,12 a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that o indemnities any person or organization for damage by fire to premises while rented to you or temporarily „ occupied by you with permission of the owner is not an "insured contract "; b. A sidetrack agreement; c. Any easement or license agreement; w d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law In the absence of any contract or agreement. Paragraph f, does not include that part of any contract or agreement: (1) That indemnifles an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which Hie insured, If an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failing to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. LC 04 43 0512 n 2012 Liberty Mutual Insurance. All rights reserved. Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. �PSt(AU2tl0l12 k W Policy Number AS2 -Z91- 453980 -024 , T1312491-453980-034, TII7491- 453980 -044 0 Issued by LIBER'T'Y MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF- INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) I Organization(s): Email Address or mailing address: Number Days Notice: PER SCHEDULE ON FILE WITH THE COMPANY PER SCHEDULE ON FILE WITH THE COMPAN _30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy, All other terms and conditions of this policy remain unchanged. LIM 99 0106 11 © 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 00 m26002 AQ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES W oa 0 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or e organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Person(s)1 Email Address or mailing address: Number Days Notice: Organization(s): PER SCHEDULE ON FILE WITH THE COMPANY 30 DAYS PER SCHEDULE ON FILE WITH THE COMPANY All other terms and conditions of this policy remain unchanged. Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY For attachment to Policy No. WC2- Z91453930 -074 Effective Date 0 4101 /2 01 3 Premium $ Issued to Redflox Traffic Systems, Inc. WM 9018 0611 0 2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06101/2011 All Rights Reserved ®!mar COTC PROCESSING FORM Agreements 1 Amendments 1 Deeds ,,�Cy� y, £ I raj CITY C[: S!'J -IT A s s C L EN..ti;, }.. TO: CLERK OF THE COUNCIL OFFICE FROM: DEPT.: Santa Ana Police Department MAIL STOP: PROJECT MANAGER: Commander Ruben Ibarra Clear For7tn I M -97 EXT.: 6210 AGREEMENT NUMBER (if amendment): A I N A- 2010 -106 AMENDMENT NUMBER (if applicable): NAME OF CONSULTANT I PARTY: AMOUNT: * OVER $25,000 — (A) COUNCIL APPROVAL DATE: ❑ 1ST ❑2ND F] 3RD ❑ Redflex Traffic Systems, Inc. ❑ *UP TO $25,000 - (N) Note: If your agreement with a vendor exceeds $25,000 within a Fiscal Year, then you will need to obtain Council Approval. ❑ 1) NOT approved by council. ❑ 2) Approved by council. ITEM #: TERM OF AGREEMENT- EFFECTIVE DATE: TERMINATION DATE.• SIGNATURES REQUIRED: ❑ VENDOR [—]AGENCY CITY ATTORNEY ❑ OTHER (INSURANCE APPROVAL REQUIRED BY CAO PRIOR TO SUBMITTING TO COTC) INSURANCE REQUIRED: © YES ❑ NO (Provide City Attorney Office approval) ® AUTO ® CGL (Commercial General Liability) ❑ PROFESSIONAL LIABILITY ® WORKERS COMPENSATION COMMENTS: Insurance Renewal ONLY. FOR CLERK OFFICE USE ONLY I ADDITIONAL REMARKS: ❑ PROCESS ❑ DO NOT PROCESS ❑ Needs Council Approval ❑ Missing Signatures ❑ Other * Charter amendment effective December 21, 2006 for City Manager contract authority increase; NS -2717 1:1Agreements7orm - AGREEMENT PROCESSING FORM_canary.doc Revised: 1117/2012 A �ssQQD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 3!3012015 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of California, Inc. LIC 40726293 3697 Mt. Diablo Blvd., Suite 300 NAME cr Certificate Department PHONE 925- 299 -1112 FAX 925- 299 0328 E -MAIL . CertRequests @ajg.com INSURERS AFFORDING COVERAGE NAIC q Lafayette CA 94549 INSURER A: Liberty Insurance Corporation 42404 41112015 INSURED INSURERB:Westchester Surplus Lines Insurance 10172 Redflex Traffic Systems, Inc. INSURER C: Liberty Mutual Fire Insurance Coma 23035 23751 N. 23rd Avenue, Suite 150 Phoenix, AZ 85085 -1854 INSURER D;LM Insurance Corporation 33600 INSURER E :First Liberty Insurance Corporation 33588 INSURER F $1,000,000 C nVFRAnFR rFRTIFIr-ATF NIIMRFR• 1715688575 RFVISIf1N NIIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS D X COMMERCIAL GENERAL LIABILITY Y TB6Z91453980035 41112015 4/1/2016 EACH OCCURRENCE $1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 N'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY PRO F7 LOC JECT PX­ PRODUCTS - COMP /OP AGG $2,000,000 $ OT HER: CAP of $25M C AUTOMOBILE LIABILITY A82Z91453980025 1112015 4/1/2016 Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO AUT OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIREpAUT05 NONOWNED AUTOS PROPERTY DAMAGE Per accident $ ­ 'HAPD Ded $ X COMPICOLL X DED': $5,000 A X UMBRELLA LIAB X OCCUR TH7Z91453980045 1112015 4!112016 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB CLAIMS -MADE DFD X RETFNTION$$10,000 $ 1 E E WORKERS COMPENSATION EMPLOYERS' LIABILITY YIN WC6Z91453980075 1112015 411/2016 PER —7-7G—TH- X STATUTE ER ANY PROPRI ETC RIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? El NIA E.L. DISEASE - EA EMPLOYE $1,000,000 (Mandatory in NH) If yes, descrihe under DESCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $1,000,000 B PROFESSIONAL & CYBER LIABILITY G27435075002 1112015 4/1/2016 Aggregate $2,000,000 (See attached Remarks Page] SIR Each Claim $50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required) RE: Activities performed by or on behaff of the permittee or contractor as required by contract. ADDITIONAL INSURED(S): The City of Santa Ana, CA, its officers, employees and volunteers as required by written contract. CERTIFICATE HOLDER CANCELLATION @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana Paula Coleman ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, M -29 Santa Ana CA 92702 USA AUTHORIZED REPRESENTATIVE I 4�6x.� @ 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: THIRD PARTY CRIME/FIDELITY COVERAGE Carrier: TRAVELERS CAS & SURETY CC OF AMER [A +,XV] NAIC #31194 Policy #: 1055812961 Effective: 04/01/2015 to 04/01/2016 I Limit: $500,000 Aggregate limit for Employee Theft fo Client Property I Retention: $50,000 PROPERTY COVERAGE Carrier: LIBERTY MUTUAL FIRE INS CO /LIBERTY MUTUAL INSURANCE CO. [AM BEST: A,XV] NAIC #23035 Policy 4: YU2- 1-91-453980 -0651 SFOMC10043106 I Effective: 04/01/2015 to 04/01/2016 Blanket Personal Property: $21,885,000 1 Instatlation - PP1PPo: $1,000.000 1 Transit: $250,000 (Blanket Personal Property includes Personal Property of Others and Valuable Papers and records at insured locations). GENERAL LIABILITY: " Additional Insured if required by written contract per attached form LC0443 0512 * Coverage is Primary & Non- Contributory if required by written contract perform LC0443 0512 * Waiver of Subrogation if required by written contract per attached form LC0443 0512 " Noticed of Cancellation if required by written contract per attached form LM9901 0511 " Separation of Insureds applies per policy form. (Severability of Interest/Cross Liability Clause) AUTOMOBILE LIABILITY: Designated Insured if required bywritten contract per attached form CA2048 1 C13 " Waiver of Subrogation if required by written Contract per attached form AC8407 0713 (All Other) " Waiver of Subrogation if required by written contract per attached form AC8448 0613 (Florida) Noticed of Cancellation if required by written contract per attached form LIM 99 01 05 11 " Separation of Insureds applies per policy form. (Severability of Interest/Cross Liability Clause) * CA9948 and MSC90 Endorsements included. WORKERS' COMPENSATION: • Waiver of Subrogation if required bywritten contract per attached form W004036 0484 (California) • Waiver of Subrogation if required bywritten contract per attached form WC000313 484 (Other States) • Waiver of Subrogation if required bywritten contract per attached form WC420304 1084 (Texas) • Noticed of Cancellation if required by written contract per attached form WM9018 0611 EXCESS LIABILITY: * Underlying Policies: General Liability, Automobile Liability, and Employers' Liability * Noticed of Cancellation if required by written contract per attached form LM9901 0511 * Separation of Insureds applies per policy form. (Severability of Irterest/Cross Liability Clause) ACORD 101 (2008101) O 2008 ACORD CORPORA The ACORD name and logo are registered marks of ACORD Policy Number TB5- 291453980 -035 Issued by LM INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non -Owned Watercraft Extension Item 3. Damage To Premises Rented To You - Expanded Coverage Item 4. Bodily Injury To Co- Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Item 7. Notice Of Occurrence Item 8. Unintentional Errors And Omissions Item 9. Bodily Injury Redefinition Item 10. Supplementary Payments — Increased Limits Item 11. Property In Your Care, Custody Or Control Item 12. Mobile Equipment Redefinition Item 13. Newly Formed Or Acquired Entities Item 14. Blanket Additional Insured Where Required By Written Contract Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 15. Blanket Additional Insured -- Grantors Of Permits Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement Item 17. Other Insurance Amendment Item 18. Contractual Liability - Railroads Item 1. Reasonable Force Exclusion a. of Section I - 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. Item 2. Non -Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: LC 04 43 05 12 O 2012 Liberty Mutual Insurance. All rights reserved. Page 1 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You - Expanded Coverage A. The final paragraph of 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of 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 any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract" in Section V -- Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemrifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract ". D. The paragraph immediately following Paragraph (6) of exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Item 4. Bodily Injury To Co- Employees A. Paragraph 2. of Section II - Who Is An Insured is amended to include: Each of the following is also an insured: Your supervisory or management "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) are insureds whip; it the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); LC 04 43 0512 O 2012 Liberty Mutual Insurance. All rights reserved. Page 2 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (3) To your members (if you are a limited liability company); or (4) To a co- "employee" or "volunteer worker" while that co-"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business for a Good Samaritan Act that results in "bodily injury ": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co- "employee" or "volunteer worker" while that co- "employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). A Good Samaritan Act means an attempt to rescue or aid a person in imminent or serious peril, provided the attempt is not recklessly made. However, none of these "employees" (including supervisory or management "employees ") or "volunteer workers" are insureds for the providing or failure to provide professional health care services. B. The insurance provided by this Item 4. will not apply if the injured person's sole remedy for such injury is provided under a workers' compensation law or any similar law. C. Otherinsurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis_ Item 5. Health Care Professionals As Insureds A. Paragraphs 2.a.(1)(a) and (d) of Section II - Who is An Insured do not apply to "bodily injury" or "personal and advertising injury" arising out of the providing of or failure to provide professional health care services by any "employee" or "volunteer" of the Named Insured who is a "designated health care provider" if the "bodily injury" or "personal and advertising injury" occurs in the course and scope of the "designated health care provider's" employment by the Named Insured. B. With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2, Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or LC 04 43 0512 0 2012 Liberty Mutual Insurance. All rights. reserved. Page 3 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added to Section V - Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6, Knowledge Of Occurrence Knowledge of an 'occurrence" by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" or other third party designated by you to notify us of 'occurrences" has knowledge of the "occurrence ". Item 7. Notice Of Occurrence For purposes of Paragraph 2.a. of Section IV - Conditions, you refers to an "executive officer" of the Named Insured or to the "employee" designated by the Insured to give us notice. Item 8. Unintentional Errors And Omissions Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or nen- renewal. Item 9. Bodily Injury Redefinition The definition of "bodily injury" in Section V - Definitions is replaced by the following: "Bodily injury" means: a_ Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments - Increased Limits Paragraphs 1.b. and 1.d, of Section I - Supplementary Payments - Coverages A And B, are replaced by the following: b. 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. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit" including substantiated loss of earnings up to $500 a day because of time off from work. LC 04 43 05 12 O 2012 Liberty Mutual Insurance. All rights reserved. Page 4 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of exclusion j. of Section I — Coverage A — Bodily Injury and Property Damage Liability only apply to: ' . "Property damage" to borrowed equipment, or 2. "Property damage" to property in your care, custody and control while in transit. B. This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this policy. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by Paragraph A., above is: $10,000 Each Occurrence Limit $25,000 Aggregate Limit The Each Occurrence Limit for this coverage applies to all damages as a result of any one "occurrence" regardless of the number of persons or organizations who sustain damage because of that "occurrence ". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. Item 12. Mobile Equipment Redefinition The definition of "Mobile Equipment" in Section V — Definitions is amended to include self - propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road Maintenance, but not construction or resurfacing; or (3) Street cleaning. Item 13, Newly Formed Or Acquired Entities Paragraph 3. of Section II —Who Is An Insured is replaced by the following: 3. Any organization, other than a partnership or joint venture, you newly acquire or form and over which you maintain majority ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period, whichever is earlier. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and LC 04 43 05 12 d 2012 Liberty Mutual Insurance. All rights reserved. Page 5 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. G. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. Item 14. Blanket Additional Insured Where Required By Written Contract Paragraph 2. of Section II - Who is An Insured is amended to add the following: e. Additional Insured by Written Contract or Written Agreement The following are insureds under the policy when you have agreed in a written contract orwritten agreement to provide them coverage as additional insureds under your policy: (1) Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily Injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such perscn(s) or organization(s). (2) Managers or Lessors of Premises: Any manager or lessor of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent acts or omissions of you, your "employees ", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; or (b) Any premises for which coverage is excluded by endorsement. (3) Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. (4) Owners, Lessees or Contractors: any person(s) or organization(s) to whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees ", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury ", "property damage ", or "personal and advertising injury" arising out of "your work" included in the "products- completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your acts or omissions or the acts or omissions of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. LC 04 43 05 12 Q 2012 Liberty Mutual Insurance. All rights reserved. Page 6 of 9 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (5) Architects, Engineers or Surveyors: any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; or (b) In the performance of your ongoing operations. This insurance does not apply to "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. (6) Any Person or Organization Other Than a Joint Venture: Any person or organization (other than a joint venture of which you are a member) for whom you are obligated by a written agreement to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; or (b) In connection with premises owned by you. This insurance does not apply to: 1. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; 2. Any person or organization whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, specification or the performance of any other professional services by such person or organization; or 3. Any person or organization more specifically covered in Paragraphs e.(1) through (5) above. The insurance afforded to any person or organization as an insured under this Paragraph 2.e.: (1) Applies only to coverage and minimum limits of insurance required by the written agreement or written contract, but in no event exceeds either the scope of coverage or the limits of insurance provided by this policy; LC 04 43 05 12 © 2012 Liberty Mutual Insurance. All rights reserved. Page 7 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Does not apply to any person or organization for any "bodily injury ", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this policy applies to that person or organization with regard to the "bodily injury", "property damage" or "personal and advertising injury "; (3) Applies only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and (4) Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. Item 15. Blanket Additional Insured — Grantors Of Permits Paragraph 2. of Section II - Who Is An Insured is amended to add the following: Any state, municipality or political subdivision with respect to any operations performed by you or on your behalf, or in connection with premises you own, rent or control and to which this insurance applies, for which the state, municipality or political subdivision has issued a permit. However, this insurance does not apply to: 1. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury' or "property damage" included within the "products- completed operations hazard ", except when required by written contract or agreement initiated prior to loss, or 3. "Bodily injury ", "property damage" or "personal and advertising injury ", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 16. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Condltions: We waive any right of recovery because of payments we make under this policy for injury or damage arising out of your ongoing operations or "your work" included in the "products- completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. Item 17. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence ", claim or "suit ". Item 18. Contractual Liability — Railroads Paragraph 9. of Section V - Definitions is replaced by the following: 9. "Insured Contract" means: LC 04 43 0512 O 2012 Liberty Mutual Insurance, All rights reserved. Page 8 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract "; b. A sidetrack agreement; o. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that Is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failing to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. LC 04 43 0512 O 2012 Liberty Mutual insurance. All rights reserved. Page 9 of 9 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: AS2 -7-91- 453980 -025, T155 -r91- 453980 -035, TH7 -Z91- 453980 -045 Issued by Liberty Mutual Fire Insurance Company, LM Insurance Corporation, Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the fallowing: BUSINESS AUTO COVERAGE PART MOTOR CARRIER COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART SELF - INSURED TRUCKER EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART COMMERCIAL LIABILITY — UMBRELLA COVERAGE FORM Schedule Name of Other Person(s) I Organ lzat! on s : Email Address or mailing address: Number Days Notice: PER SCHEDULE ON FILE WITH THE COMPANY PER SCHEDULE ON FILE WITH THE COMPANY 30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 1 R days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy, All other terms and conditions of this policy remain unchanged. LIM 99 01 05 11 OO 2011 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: AS2- Z91- 453980 -025 COMMERCIAL AUTO CA 20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Blanket as required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number A62•Z91- 453880 -025 Issued by Liberty Mutual Fire Insurance Company A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B_5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage fs amended by the addltion of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIT WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AG 84 07 07 13 O 2013 Liberty Mutual Insurance. All rights reserved. Page 16 of 11 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number AS2.Z91.453980.025 Issued by Liberty Mutual Fire Insurance Company XXIV. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident ", to waive rights of recovery against such person or organization. AC 84 48 06 13 O 2013 Liberty Mutual Insurance. All rights reserved. Page 11 of 11 Includes copyrighted material of Insurance Services Office, Inc. with its permission. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us,) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH A WAIVER PROVIDED YOU EXECUTED THE CONTRACT PRIOR TO THE LOSS Issued by The First Liberty Insurance Corporation Job Description AS REQUIRED BY WRITTEN CONTRACT For attachment to Policy No. WC6 -Z91- 453580.075 Effective Date 04/01/2015 Issued to Redf lox Traffic Systems, Inc. WC 04 03 06 Ed. 0411984 Premium $ Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We wilt not enforce our right against the person or organization named In the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the Named Insured has agreed by written contract to furnish a waiver provided you excuted the contract before the loss. Issued by: The First Liberty Insurance Corporation For attachment to Policy No WC6 -Z91. 453980 -075 Issued to: Redflax Traffic Systems, Inc. Effective Date 0410112015 Premium $ WC 00 03 13 O 1983 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 411!1984 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 (Ed. 10 -84) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the poilcy because Texas is shown in Item 3.A, of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule, Schedule 1. ( Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium: 5- Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Insured Redflex Traffic Systems, Inc. Effective Policy No. wce- zei- 4s3eao -o7s Endorsement No. Premium Insurance Company The First Liberty Insurance Corporation Countersigned by WC 42 03 04 (Ed. 10 -64) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other F'erson(s) 1 Email Address or mailing address: Number Days Notice: Organization(s): PER SCHEDULE ON FILE WITH PER SCHEDULE ON FILE WITH 30 THE COMPANY THE COMPANY All other terms and conditions of this policy remain unchanged. Issued by The First Liberty Insurance Corporation For attachment to Policy No. WCS -Z91- 453980 -075 Effective Date 0410112015 Premium $ Issued to Redfl®x Traffic Systems, Inc. WM 9D 18 06 11 Q 2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06/01/2011 All Rights Reserved