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HomeMy WebLinkAboutTRANSPORTATION STUDIES, INC. 7 - 2015N INSURANCE ON HIS WORK MAY PROCEED UNTIL INSURANCE. EXPIRES `ATM CLERK 6UNCIL � � ....._..�..�.. DATE: 3 — —I ` f 5 AGREEMENT FOR PROVISION OF TRAFFIC COUNTING SERVICES A- 2015 -013 THIS AGREEIYSENT made and entered into this 20th day of January 20, 2015 by and between Transportation Studies, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITA14S A. The City desires to retain a consultant having special skill and knowledge in the field of traffic counting and data collection services. I3, Consultant represents that it is able and willing to provide such services to the City. C. A Request for Proposals for annual traffic counting services was posted on the City website on November 7.9, 2014, The City received five proposals. D, In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting fnm in the field. NOW THEREFORE, in consideration of the mutual and .respective promises, and subject to ttre terms and conditions hereinafter set 'forth, the parties agree as follows: 1. SCOPE, OF SERVICES Consultant shall perform traffic counting services on an on -call basis, including traffic counts for neighborhood surveys, bi- atrnual city -wide Average Daily Traffic study, city -wide Turning Movement study, and counts for signal priority list studies, in addition to pedestrian counts, speed, surveys, and vehicle classifications. Said services will be provided as set forth in the Traffic Counting Services Scope of Svavioes, attached hereto as Exhibit A and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached bereto as Exhibit i3 and incorporated by reference. The total stun to be expended under this Agreement shall not exceed $30,000.00 per year, during the teen of this Agreement, b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the st andards of performtwoe set forth in the Recitals which rimy reasonably be expected by City. 3. . TERM This Agreement shall commence on the elate first written above and terminate on February 28, 2016, unless terminated earlier in accordance with Section 13, below. This Agreement may be renewed for up to two additional one -year terms upon the same terms and conditions set forth herein, The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create, an employer - employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a rnanner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below; a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from airy act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. 'The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) namc the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insmance programs maintained by the City; and (e) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, lured and non -owned automobiles. e. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance, Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, (ii) Certificates of insurance shall be famished to the City upon execution of this Agreement and sha11 be approved in form by the City Attorney. (ill) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with.required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement, Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prier to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special cotmsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any alaim that personal injury, dainages, just compensation, restitution, judicial or equitable relief is due by reason of effects arising from this Agreement, This indoinnity and hold harmless agreement applies to all claims for damages, just. compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered., by reason of the events referred to in this Section or by reason of the effects arising from this Agreement, The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that ;personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like irnportance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information, Confidential information inchades not only written information, but also information transferred orally, visually, electronically, or by other means, Confidential information disclosed to either party by any subsidiary and /or agent of'the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. S. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified, under this Agreement, 9. NOTICE Any notice, tender, demand, delivery, or other conmiunication piasuant to this Agreement shall be, in writing and shall be deeined to be property given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Pax No. 714 -647 -6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax No. 714- 647 -5622 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P,O, Box 1988 Santa Ana, California 92702 Fax No. 714- 647 -6515 To Consultant: Transportation Studies, hie. Patti. A, Tolten 2640 Walnut Avenue, Suite H Tustin, California 92780 Fax No. 714 -508 -3602 Aparty may change its address by giving notice in writing to the other party, Thereafter, communication shall be addressed and transnutted to the new address, If sent by mail, communication shall be effective or deemed to have been given three (3) days alder it has been deposited in the United States mall, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -Pour (24) hours after the time set forth on the trausniission report issued by the b: ausmitting facsimile machine, addressed as set furllr above. For purposes of calculating these time fraines, weekends, federal, state, County or City holidays shall be excluded. 10, DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and, employees acting within the scope of their official duties, as a condition of payment to the, Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and any attaclnnents hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instru pert that are inconsistent with, or in addition to, the terms and conditions .bereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT hrasruueh as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a, As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b, Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement, 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national orig'i'n, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15, JIMSDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance,, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of in connection with or by reason of this Agreement, 16. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause fore termination of this Agreement. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if Hilly set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: al�,A o . tk/i, MARIA D. IIUIZAR Clerk of the Council APPROVED AS TO FORM: Ryan CITY OF SANTA ANA DAVID CAVAZOS City Manager TRANSPORTATION STUDIES, INC. CI�NDED F R AFPROVAL: r �°' PA1 "I'Y TOL'1'EN �USAVI O R President Director - PWA IDAf:�ICIY�\ CITY OF SANTA ANA TRAFFIC COUNTING SERVICES SCOPE OF SERVICES I. DESCRIPTION AND SCOPE OF WORK The City of Santa Ana is issuing this Request for Proposals (RFP) for Traffic Counting Services, Neighborhood requests for City assistance in solving intrusive traffic problems often require a series of traffic counts to be taken at specific locations over several days to confirm and then to monitor the intrusive traffic, In such a situation, it is important that the same firm be used throughout the study for consistency and reliability. In addition to typical counts for stop sign warrants, the annual contract for traffic counting services may also include the bi- annual city -wide Average Daily Traffic study, City -wide Turning Movement study, and traffic counts for our signal priority list studies. Pedestrian counts, speed surveys, vehicle classifications (using machines) and /or other services may also be requested as part of this contract. For services not specifically listed, a price for such services will be agreed to, if requested. From the proposals received, up to two firms will be selected. The City will enter into an agreement with each firm. As traffic counting needs are identified, they will be distributed among the selected firm based upon each firm's ability to meet the needs of the particular study. The City reserves the right to assign the work in any manner which will best serve the City's interests. A. IMPLEMENTATION 1. City staff shall have the right to modify, reduce, or delete the services as needed by City. 2. The term of the contract shall be for 1 year which shall commence on the date that City Council approves the award or the date that all required bonds and insurance have been approved by the City Attorney, whichever occurs last. 3. City shall retain an option to renew on the same terms and conditions as set forth herein for 2 additional one -year terms, for a total maximum total of 3 years. B. SCOPE OF WORK The Consultant shall provide necessary services for collecting traffic count data for various studies on an as needed basis. This may include, but not be limited to 24 -hour ADT counts, 24 -hour entering traffic volume counts, intersection turning movement counts for 2, 4, or 6 -hour, etc. periods, hourly pedestrian counts, speed surveys, and machine vehicle classifier data. For the assigned tasks, the Consultant shall compile the traffic data and provide the following to the City: • For each ADT volume count, a two - directional 15- minute count sheet with hourly totals, similar in format to the sample set forth in Attachment 1. Note: Consultant must be able to provide up to 25 simultaneous count locations for neighborhood traffic counts. • For each entering traffic volume count, a 15- minute count sheet with hourly totals, containing all legs of the intersection (sample in Attachment 1). • For each manual turning movement count, a 15- minute count sheet for each count period, with the actual peak hour(s) identified (sample in Attachment 1), Note: Consultant must be able to provide up to 15 simultaneous count locations for neighborhood traffic counts or for various intersection locations throughout the City. • For each intersection pedestrian count, a 15- minute count sheet for each count period, plus a count sheet of manual (vehicle) turning movements, if requested. Note: Counts categorized by age group may be requested for certain locations. • For the Citywide Average Daily Traffic (ADT) study: a. Count sheets as described above. Note: Consultant should be prepared to conduct counts at 280 locations within a 2 -month period. b. "Traffic Census" booklet (summary of ADTs), 25 bound copies and the associated electronic files. c. Traffic Flow Maps, sample in Attchment I, will be included in the "Traffic Census" booklet. City will furnish the street map on computer diskette, compatible with AutoCAD or Microstation. Depending on the cost provided by the Consultant, the City may choose to complete this map in- house. d. If, due to the cost limit of the contract, more than one Consultant is needed to complete the study, the City will furnish the count data collected by the "secondary" Consultant to the "prime" Consultant who is compiling the "Traffic Census" booklet. The "prime" Consultant will include this data in the count summary and on the flow maps of the "Traffic Census" booklet. e. Before the Consultant(s) begin the study, a schedule will be developed in cooperation with the Consultant(s) regarding when the counts will be conducted, and when the count data and "Traffic Census" booklet will be delivered. Computer file(s) for all counts conducted by the consultant, including manual or machine counts, in Excel spreadsheet format every three (3) months. Computerized files shall also be provided upon city' staff request. // EXHIBIT B + /�+ ,/ S/ Transportation Studies, /tic. A Traffic Data Collection Company CITY OF SAIVTA An'A Fee Schedule 245o up Machine Counts (13l- De "rectional or direattonal) 1 to 300 Locations $ 30,00 per looation 24 Flour Machine Counts (Approach) 4 Leg Intersection $ 110,00 per location 3 Leg Interseotion $ 8230 per location Manual Turning Movernent Courts 1 person per location $ 33.00 per how• 2 peeple per locakloa $ 66,00 per hour 24 Tl our Speed and Ayle Classifrcation Counts 2 Lanes $ 80.00 per location 3 -4 Lanes $ 160.00 per location Radar Surveys 1 -100 Locations 100 -over Video Count & Video Video Only $ 35, 00 per location $ 30.00 per location $ 45.00 per I -lour $ , 10.00 per Hour APPENDIX ATTACHMENT D: PROPOSERS CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Attachment A) and min familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on for services described in Attachment A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee In writing. The purpose of this form Is to provide the City with a basis of comparison of the Consultant's fees, This form will be used for fee comparison purposes only, The table below is a possible annual cost scenario for traffic counting services, Fill in the appropriate unit prices from the Consultant's fee schedule and calculate the Consultant's annual total cost for the scenario. Type of Count Unit Cost No. of No. per Annual Total Cost Locations 24 -Hour Sinale -Tube Count _ $ j /�7 X1 _Year X50 = $ 5 p Assumo: • One Intersection, 4 approaches + 50 separately requested counts per year 24 -Hour Dual -Tube Count Assume; .25 locations, simultan sly eou, In one neighborhood .5 times per year Manual Turning Movement Counts $ 32 Assume: X15 • 4 -hour manual count (2 hours am & 2 hours pm) at 15 locations, simultaneously, locations throughout the City in ene neighborhood or in various • One person counting at each location +5 times per year Pedestrian Counts $ 3 x1 x5 = $ Assume: * 4 -hour count (2 hours am & 2 hours pm) at one location • Ono person counting • 5 separately requested counts per year NAME OF COMPANY C/O L/AINU7 /q�,LeM ESS ADDRESS ) "I'1 - -1 A PRINTED SIGNATURE 33 - FEDERALID AGENT ORIZED AGENT 3 1- 7 /2 -/() -) 191 81 F '7 /Ll 36 /?. PHONE AND PAX NUMBERS N THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE FEE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDPRFh NfIAIR fiprlr rQni� v CG � y CERTIFICATE OF LIABILITY INSURANCE OATC- I /201Y QLIR ]IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO At ..L TI4E TERMS, 9f 22f2p4 14 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 AODITIDNAL INSURED, the Policy(ies) must be endorsed. It SUBROGATION IS WAIVED, subject to the terms and conditions of the Policy, certain Policies may require an endorsement. A statement on this certificate does Hat confer rights to the Certiticafe holder in lieu of SUCK endorsement {sj. PRODUCER f QNTACI �rJ NAME:..._ The Empire Company __.__.._.._..- PHONE JM -. dhurnada y N+am p' re -ca. roan 550 North Park Center Drive Suite 205 INSURER, AFFORDING COVERAGE .. NAICIt .. --- -- Santa Ana CA. 92705 INSUrsBRA Hanover Insurance Ca. _ _ _ _. _ INSURCU - �- � INSURER B Allmerica, Financial,. Benefit I 1NSOnEec;LvFassachnsetts 13a�r Inauxance Transportation Studies, Inc. __ INSURER D:United_States LiatTiti " 5695 2640 Walnut Avenue INSURER E: Unit: H Tustin CA 9 2780 rteRF �nercon r-GC rcpTIVIr.h.TF An ItUIPPET:2019 /2015 Master REVISION NUMBER: T1418 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED EQ THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOT'eYTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONRACT OR OTHER DOCUMENT WITH RESPECT 'FO WHIMI THIS QLIR ]IFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO At ..L TI4E TERMS, EXCLUSIONS AND CONDIT IONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS. LTRtrVPEOFid3URAttlCF LEE." - AIJ�L SULtR PD[UC1 N4fd.DER POLICY OFF 1 1 POLICY FXP R ) UtYY�Y� LIMITS GENERAL LIABILITY EACHO CURRENCE S 1,000,000 o qM1 c`Ei ©FErHEe 30 ' 000 X C IMFhC:�rL GCWLRFL tIAHIGITY ! PR ry1�41$�PCC1 ce} -� fe1fO EY'+(A Y One fmr onV S ___ 5, 000 CLAI D15-MAOE � OCCUR 1 83A11.?24901 �10 /Y/ ?.019 R0; 1/2tl1S I PERSONAL .SApV INJURY S 1,000,000 GErIEk L AGGREGATE °a 2,000,000 FEN AOGRECATE LdIT WPUFS PER: POLI PPO IOC_. AUTOMOBILE PRG DUCTS - COtAPDPA G . 2,000,0017 -•—�— j I - ""'�' "" � "'" i.,01,1UNED 51NLLE IMIr X ANY AD TO t QO It Y INJURY FAr Donor ) tL.0 -ANbtD SCHEOULED AUTOS NON-OWNED OWNED 1 ` _ I IPrD AUTO AUTOS JAEFIA11TIGS01 1011 /2014 '011/2015 BOU { NJUR. (P a cdn,l)11 __ PROM RTY WtM1t4€ . r'+? ae ^ttlll4.. =W $ 3 5 U0.9nFiLI.LA LIAR X r.LIR I EACH (lG..t1P.RCNCc EXCLnr UAO CLN \M1S- tAP.DC ' AGGRE6.TE EMPLOERS T"" OTI-LIS AND( LLAUIIJ YrLXLCUlIVE Y]N N)AI AC:C49 1_LOU�- IEH C LDCASEEAETAFOYES CLO LA�e- PO4fYLIMII S 1000000 _- 1_— 5_ .I 000_,..ORO _7lFSGPIPT1G6b�JPFPA03I5 OFFIrR1yICNHjEXLUOCC IPlund'ttory i II, NH) If ya d -6nibe nrdm T hnn* 1 153A11724401 10/1/201II 0/1/2015 ,_...__ D Errors G:huffs5lonS .aP "_0227430 10/1/2014 nH(I /20x,5 LIMIT 1,000;000 RETENION 1, 000 DESCRIPTION OF OPERATIONStLOCATIONS) VEHICLES IAfiSCh AGGRO111 ,Additional AUmaHV =ticherluk, Fl re sNaceisrey iredF R's: On -Cal.l traffic counting service. Certificate Bolder is naaned as additional insureds with primary and nun- contri.hutory wording with respect to general liabilty per forms 391 -1006 05 09 & 391-1331 06 09 attached as required by written Contract- ) SHOULD ANY OF TIME ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Santa Ana Attn: Shahir Gobran 20 Civic Centex plaza, M -43 AurHOR¢ED REPHESeNrnnvs Santa Ana, CA 92702 Erica Hornaday /ERICA ACORD 251(2010=1 _ ©1988 -2810 ACORD CORPORATION. All rights reserved. INSB25 %Btoos)01 The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit 11 Z Additional Insured - Broad Forrn Vendors 2 3. Alienated Premises 2 4. Bodily Injury Redefined 2 5- Broad Form Property Damage - Borrowed Equipment, Customers 2 Goods and Use of Elevators 6 Incidental Malpractice (Employed Nurses, EMT's. and Paramedics) 3 7. Personal and Advertising Injury - Broad Form 3 8. Product Recall Expense $25,000 Occurrence $50,000 Aggregate 3 9. Unintentional Failure to Disclose Hazards 5 '10. Unintentional Failure to Notify 5 This endorsement amends coverages provided tinder the Busirassowners Coverage Form through new coverages and broader coverage, grants. This coverage is subject to the provisions applicable to the Businessawners Coverage Form, except as provided below. 1. Additional Insured by Contract, Agreement or Permit Under SECTION 11 - LIABILITY, C. Who Is An Insured, Paragraph 4. is added as follows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement or permit that such parson or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property darnage' or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, but only with respect to: (3) "Your work" fat the additional insured(s) at the location designated in the contract, agreement or permit; or (4) Premises you own, rent, lease, control or occupy. This insurance applies on a primary basis if that is required by the written contract, agreement or permit. b. J his provision does not apply: (1) Unless the tgil,len contract or written agreement has been executed or permit has been issued prior to the "bodily injury" % "property damage" or "personal ,in(] advertising injury"; (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Policy; (3) To any person or organization included as an insured under Item 1.a.2. of this endorsement; (4) To any lessor of equipment (a) After the equipment ease expires: or (b) If ilia "bodily injury", "property damage" or ..personal and advertising injury" arises out of the sole negligence of the lessor; 39'1 -1006 06 09 Includes copyrighted material of insurance Services Office, Ine, Page 1 of 5 C. 0 (5) To any: (a) Owners or other Interests from whom land has been leased which takes place after the lease for that land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ti) The "bodily injury ", "'property damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (6) To "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors Under SECTION it • LIABILITY, C. Who is An Insured, paragraph S. is added as follows: 5. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. The insurance afforded the vendor does not apply to: 10 /. „( /r'l e!7 5W 391.1006 06 OS a. "Bodily injury" or "properly damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b, Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of Inspecticn, Hanover insurance Groiap.. O63 A117240 1001304 demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; G, Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the product; f. Demonstration, Installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor; or h. "Bodily injury” or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. however, this exclusion does not apply to: (1) The exceptions contained in paragraphs 5.d. or 5.f.; or (2) Such inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such produets, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Alienated Promises Under SECTION 11 - LIABILITY, S. Exclusions, paragraph 1.k.(2) is replaced in its entirety with the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. 4. Bodily Injury Redefined Under SECTION 11 - LIABILITY, F. Liability and Medical Expenses Definitions, definition 4. is replaced in its entirety by the following: Includes copyrighted material of insurance Services Office, Inc. Page 2 of 6 4. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily Injury" includes mental anguish or other mental injury r±._SU_1t!oR -from bodily mur-yL 5. Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators a. Under SECTION 11 - LIABILITY, B. Exclusions, paragraph 'I.k., the following 16 added: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "custorners goo6i" while on your premises nor to the use. of elevators. Is. Under SECTION It - LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definition is added: "CUSIDmers goods" means property Of YOM customer on your premises for the purpose of being: a. Worked on; or b, Used in your manufacturing process. C. The Insurance afforded under this provision is excess over any other valid and collectible property insurance (Including deductible) available to the insured whether primary, excess, contingent or on any other basis. 6. Incidental Malpractice - Employed Nurses, EMT's and Paramedics Under SECTION 11 - LIABILITY, C. Who Is An Insured, paragraph Zu,(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 7. Personal and Advertising Injury - Broad Form Under SECTION 11 - LIABILITY. F. Liability and Medical Expenses Definitions, definition 15, "Personal and Advertising Injury", paragraph h. is added as follows: h. Discrimination or humiliation (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an ' "employee ", nor to the employment, prospective employment or termination of any person or persons by an insured, 8. Product Recall Expense a. Under SECTION It - LIABILITY, B. EXCIUSIOnS, Paragraph 1. o, is replaced in its entirety by the following: D, Recall of Products, Work or Impaired Prop" Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work", or (3) "Impaired property", If 9LIC11 product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". The exception to the exclusion does not apply to "product recall expenses" resulting from: (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability of performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "Your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; (7) Asbestos, including loss, damage or clean up resulting from asbestes, or asbestos containing materials; or 2 e 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc Page 3 of E (8) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. It. Under SECTION 11 - LIABILITY, C. Who Is An Insured, paragraph 4.c. is added as follows: c. "Bodily Injury" or "property damage" do not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. c. Under SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit" paragraph e, is added as follows: e. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense ": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. d. Under SECTION If LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definitions are added: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage ". "Product recallexpense(s)" means: a. Necessary and reasonable expenses for: (1) cornmunicatlons, including radio or television announcements or Hanover Insurance Group_ 083A117248 1001384 printed advertisements including stationary, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular °employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by employees" including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product ", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product", and b. Four lost profit resulting from such "covered recall ". e. Under SECTION It - LIABILITY, D. Liability and Medical Expenses Limits of insurance, the following Is added: S. The Limits of Insurance and rules stated below fix the most that we will pay under this Product Recall Expense Coverage. (1) The Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "product recall expenses" initiated during the policy period. (2) The Occurrence Limit shown on the Summary of Coverages is the most we will pay in connection with any one defect or deficiency. (a) All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the saute defect or deficiency and considered one "occurrence". f1, f/ ��i� 391 -1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 g-- (-- 00 (b) Any amount reimbursed for "product recall expenses" In connection with any one "occurrence" will reduce the amount of the Aggregate Limit available for reimbursement of "product recall expenses" In connection with any other defect or dot ciency. (c) It the Aggregate Limit has been reduced by relrnbursernent of "product recall expenses" to an amount trial Is less than the Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection, with any other defect or deficiency. 6. A deductible of $!300 applies per each "Occurrence ". 9. unintentional Failure to Disclose Hazards Under SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. is added as follows: 6, Representations We will not disclaim coverage under this Coverage Form it you tail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 10. unintentional Failure to Notify Under SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph f. is added as follows: f. Your rights afforded under this Coverage Form shall riot be prejudiced if you fail to give us notice of an "occurrence ", offense, claim or "suit ", solely due to your reasonable and docurriontod belief that tho "bodily injury" or "property damage" is not covered under this policy. T Al 591 -1006 06 09 Includes copyrighted material of Inswanre Services Office. Inc. Page 5 of 5 +DID] I I Lei LAM w OR 4 1011 Ole] z THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: 3USINESSOWNERS COVERAGE FORM The following is added to SECTION III - COMMON POLICY CONDITIONS: W Other Insurance 1. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under SECTION II - LIABILITY, Part, C - Who is An insured, is primary and non- contributory, the following applies: If other valid and collectible insurance is available to the Additional insured for a loss we cover under SECTION If - LIABILITY, Part A, Coverages, Paragraph 1., Business Liability our obligations are limited as follows: a. Primary Insurance. This Insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named Insured. We will not seek contribution From any other insurance available to the Additional Insured except: (1) For the sole negligence of the Additional trnsured, (2) When the Additional Insured is an Additional Insured under another primary liability policy; or (3) When b.(2) below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we. will share with all that other insurance by the method described in b.(3) below. b. Excess Insurance This insurance is excess over: (1) Any of the othor insurance, whether primary, excess, contingent or on any other basis: (b) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION It - LIABILITY, Part A. Coverages, 1. Business Liability. When this insurance is excess, we will have no duty under SECTION II - L.IABILnT, Part A. Coverages, 1. Business Liability to defend the insu ied against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers, When this insurance is excess over Other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the surn Of: (2) 'rite total amount that all such other insurance would pay for the loss in the absence of this insurance; and (3) The total of all deductible and self- insured amounts under all that other insurance. (a) That is Fire, Extended Coverage, We will share the remaining loss, if any, Builder's Risk, Installation Risk with any other insurance that is, not or similar coverage for "your work": 391-133106 09 Inctades copyrighted mate) sil of 'snstuance Services Offices, Inc- w th its permission Page 1 of 2 described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other Insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. HA1'1R Insure Group_ OB3A117248 1001384 �t71161 y7e�« 391-13'3106 09 Includes copyrighted material of insurance Services Offices, Inc., with Its permission Page 2 of 2 TRANSPORTATION STUDIES A- 20113 -170 & A- 2015 -013 REVIEWED BY / xA r h' Accw& CERTIFICATE OF LIABILITY INSURANCE DATE IMM /DD [YYYYI /1.4/2015 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 Molder in lieu of such endorsement(s). PRODUCER CONTACT Erica Hornaday The Empire Company 550 North Park Center Drive PHONE FAX Af Ne; E -MAIL ADDRESS: ettornadayempire. —CO. COm INSURER S' AFFORDING COVERAGE NAIL p Suite 205 INSURERA:CitixenS Insurance Company of Santa Ana CA 92705 INSURED INSURER B:Allmerica Financial. Benefit INSURER C X'assachusetts Bay Insurance Company $ 300,000 Transportation Studies, Inc. INSURER D: $ .. 5,000 2640 Walnut Avenue .. INSURER: E: Unit B INSURER IF 10/1/2015 Tustin CA 92780 ■111441na.'IA91=11 . iris' arl7 Eri! 7r711? fntru :la:m'�IF }�,.7M.�r'1M�±7uF_'tt3 - M211,tMLNr.Idl1 'IN II IXIMTMI 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 NS 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 MMIDD/YYYY. POLICY EXP MMfDDdYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �.... C3CCUR. _.. EACH OCCURRENCE 1,000,000 $ DAMAGE T RENTED PREMISES 1Eaaccurrance $ 300,000 MED EXP Any One pa,sa) $ .. 5,000 OB3A71724602 10/1/2015 10/1/2016 PERSONAL$ADV INJURY $ 1,000,000. GENT AGGREGATE LIMIT APPLIES PER: X POLICY ❑ FRO- JECT ❑ LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG '.., $ 2,000,000 Empleyee Benefits '', $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea a {,,rj nt $ 1 , 000 , 000 HODILY INJURY iPer person] $ e. B X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS AW3A11710502 10/1/2015 10/1/2016 BODILY INJURY (Paoaccid ®mtl HIRED AUTOS NCN- OWNED AUTOS PROPERTY DAMAGE (P--id-11 S S X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE a I.,000,000 A EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ OB3A11724802 10/1/2015 10/1/2016 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y f N ANY PROPRIETOMPARTNERFE.XECUTIiVE OFFICER /MEMBER EXCLUDED? (Mandatary In NHI K yes, d suoilratn de, NIA .3A117244..02 10/1/2015 10/1./201.6 RER OTH.- X STATUTE ER E.L. EACH ACCIDENT $ 11000,000 E_L. DISEASE - EA EMPLOYE $ 11000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Addifianal Rermarks Schedule may tae att..h d if,­,. space is required) RE: Agreement Numbers A -2013 -170 & A- 2015 -013. City of Santa Ana is clamed as additional, insured with respect to general liability per form 391 -1006 06 09 attached as required by written contract. ZKekula @santa- ana.org City of Santa Ana 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 E _ °, a HornLid ay /ERICA �L fAc'"r�t t�R cxr 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS02542m4m) / / //e, TRANSPORTATION " ON STUDIES A-2013-170 & A-2015-013 REVIEWED BY: , 1'. EUNICE HEREDIA (PG 2 OF 6) BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits Page 1. Additional Insured by Contract, Agreement or Permit 1 2. Additional Insured - Broad Form Vendors 2 3. Alienated Premises 2 4. Bodily Injury Redefined 2 5. Broad Form Property Damage - Borrowed Equipment, Customers 2 Goods and Use of Elevators 6. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 3 7. Personal and Advertising Injury - Broad Form 3 8. Product Recall Expense $25,000 Occurrence $50,000 Aggregate 3 9. Unintentional Failure to Disclose Hazards 5 10. Unintentional Failure to Notify 5 This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. 1. Additional Insured by Contract, Agreement or Permit Under SECTION 11 - LIABILITY, C. Who Is An Insured, Paragraph 4. is added as follows: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy, Such person or organization is an additional insured only with respect to liability for "bodily injury' , "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, but only with respect to: (3) "Your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or (4) Premises you own, rent, lease, control or occupy. This insurance applies on a primary basis if that is required by the written contract, agreement or permit, b. This provision does not apply: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury", "property damage" or "personal and advertising injury"; (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Policy; (3) To any person or organization included as an insured under Item 1.a.2. of this endorsement; (4) To any lessor of equipment: (a) After the equipment lease expires; or (b) If the " "bodily injury", "property damage" or "personal and advertising injury" arises out of the sole negligence of the lessor; 391-1006,06 09 Includes copyrighted material Of Insurance Services Office, Inc. Page 1 of 5 TRANSPORTATION STUDIES A-2013-170 & A-2015-013 REVIEWED BY (5) To any: (a) Owners or other interests from whom land has been [eased which takes place after the lease for that land expires; or (b) Managers or lessors of premises if: (i) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury", "property damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (6) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. c, Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors Under SECTION 11 - LIABILITY, C. Who Is An Insured, paragraph 5. is added as Wows: 5. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising Out Of "Your products" which are distributed or sold in the regular course of the vendor's business. The insurance afforded the vendor does not apply to: a. "Bodily injury"' or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; NICE HEREDIA (PG 3 OF 6) H he anover Insurance Group.. OB3 A117248 1001384 demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the product; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in paragraphs 5.d. or 5J.; or (2) Such inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the Usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products, 3. Alienated Premises b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; 4. & Repackaging, unless unpacked solely for the purpose of inspection, Under SECTION If - LIABILITY, B. Exclusions, paragraph 1.k.(2) is replaced in its entirety with the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and Occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned, Bodily Injury Redefined Under SECTION 11 - LIABILITY, F. Liability and Medical Expenses Definitions, definition 4. is replaced in its entirety by the following: 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc, Page 2 of 5 TRANSPORTATION STUDIES A-2013-170 & A-2015-013 REVIEWED BY: EUNICE HEREDIA (PG 4 OF 6) 4. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily Iniury" includes mental anguish or other mental injury resulting from "bodily injury ". 5. Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators a. Under SECTION III - LIABILITY, B. 8. Exclusions, paragraph 1A., the following is added: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to '.property damage" to "customers goods" while on your premises nor to the use of elevators. b. Under SECTION 11 - LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definition is added: "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 6. Incidental Malpractice - Employed Nurses, EMT's and Paramedics Under SECTION 11 - LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if You are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services, 7. Personal and Advertising Injury - Broad Form Under SECTION 11 - LIABILITY, F. Liability and Medical Expenses, Definitions, definition 15, "Personal and Advertising Injury", paragraph h. is added as follows: h. Discrimination or humiliation (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee", nor to the employment, prospective employment or termination of any person or persons by an insured. Product Recall Expense a. Under SECTION It - LIABILITY, B. Exclusions, Paragraph 1. o. is replaced in its entirety by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement,, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; If such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product". The exception to the exclusion does not apply to "product recall expenses" resulting from: (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance„ (7) Asbestos, including loss, damage or clean up resulting from asbestos or asbestos containing materials; or 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 TRANSPORTATION STUDIES A-2013-170 & A-2015-013 REVIEWED BY (8) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "'your products" has been found. b, Under SECTION 11 - LIABILITY, C. Who Is An Insured, paragraph 4.c. is added as follows: c. "Bodily injury" or "property damage" do not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. c. Under SECTION 11 - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph e. is added as follows: e. You1 must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense": (1) Give us prompt notice of any discovery or notification! that " "your product" must be withdrawn or recalled. Include a description of "your product" and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a, cause of loss under this insurance. d. Under SECTION 11 - LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definitions are added: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage". "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or UNICE HERMA (PG 5 OF 6) Ha"" n o v e r Insurance Group. 0133 A117248 1001384 printed advertisements including stationary, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees"; (5) Expenses incurred by "employees" including transportation and accommodations; (6) Expenses to rent - additional warehouse or storage space; (7) Disposal of "your product", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product"; and b. Your lost profit resulting from such "covered recall". e. Under SECTION 11 - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, the following is added: 5. The Limits of Insurance and rules stated below fix the most that we will pay under this Product Recall Expense Coverage. (11,) The Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "product recall expenses" initiated during the policy period. (2) The Occurrence Limit shown on the Summary of Coverages is the most we will pay in connection with any one defect or deficiency. (a) All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence". 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 TRANSPORTATION STUDIES A-2013-170 & A-2015-013 REVIEWED BY: EUNICE HEREDIA (PG 6 OF 6) (b) Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. (c) If the Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. 6. A deductible of $500 applies per each "Occurrence". 9. Unintentional Failure to Disclose Hazards Under SECTION 11 - LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. is added as follows: 6. Representations We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 10. Unintentional Failure to Notify Under SECTION 11 - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph f. is added as follows: f. Your rights afforded under this Coverage Form shall not be prejudiced if you fail to give us notice of an "occurrence", offense, claim or "suit", solely due to your reasonable and documented belief that the "bodily injury" or "property damage" is not covered under this Policy. 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5 O CERTIFICATE OF LIABILITY INSURANCE ll.. OF �l DATE 0Y1YY) TYPE OF INSURANCE 3/29(/ 2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER NAME, Erica HOrnaday The Empire Company PHONE FAX A(C No), 550 North Park Center Drive Aoorsisss:ehornaday @empire- co.com Suite 205 INSURER($) AFFORDING COVERAGE NAIC9 INSURER A:CitiZen9 Insurance Company of $ 300,000 Santa Ana CA 92705 INSURED INSURER B Allmarica Financial Benefit Transportation Studies, Inc. _ INSURER C XassachusettS Bay Insurance Company 2640 Walnut Avenue INSURER D: _ 10/1/2016 Unit B INSURER E: PERSONAL B ADV INJURY Tustin CA 92780 INSURER F; t:UVtKAUES CERTIFICATE NUMBER:2015 /2016 Master REVLSIr1NNlimpi THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIE 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 A D $UBR POLICY NUMBER M 01 pYEYV I MOLICY EXP LIMITS A X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 5XI OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE R ND PREN eoccormnc $ 300,000 MED EXP(my one person) $ .�. 5,000 OB3A11724602 10/1/2015 10/1/2016 PERSONAL B ADV INJURY ,$ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER X POLICY JECO7 [:] LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 Employee Benenls $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident),__ $ 1,D00, OOtl B XL ANY AUTO ALL OS SCHEDULED AUTOS AUTO$ AW3A11710502 10/1/2015 10/1/2016 BODILY INJURY (Per person) $ BODILY INJURY Perecclden0 $ HIRED AUTOS AUTOS ED AUTOS PROPERTY DAMAGE i accident) $ -" K UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 11000,000 A EXCESS LIAR CLAIMS-MADE DED I I RETENTION$ _ $ 083AII724802 10/1/2015 10/1/2016 C WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER(EXECUTIVE OFFICERNEMSER EXCLUDCO? �RIA (Mandatory in NH) If yes,descdba now WD3A11724402 10/1/2015 10/1/2016 PER OTN 8 ST TUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE - $ 1,000 000 EL .DISEASE - POLICY LIMIT $ 1 000 000 DESCRIPTIONOPOPERATIONSbelaw DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) RE: Agreement Numbers A -2016 -032 and A- 2015 -063 City of Santa Ana is named as additional insured with respect to general liability per form 391 -1006 06 09 attached as required by written contract. / REV6EUt(ED BY �^ - i EUNICE f-IFI2.ECIIA {PG / OF(® j ZKekula @santa- ana.org City of Santa Ana 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 Hornaday /ERICA4��:0't-.✓T.GCOItr e�.... All rights ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025nntenn BUSINESSOWNERS LIABILITY SPECIAL BROADENING ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SUMMARY OF COVERAGES Limits 1. Additional Insured by Contract, Agreement or Permit 2. Additional Insured - Broad Form Vendors 3. Alienated Premises 4. Bodily Injury Redefined 5. Broad Form Property Damage - Borrowed Equipment, Customers Goods and Use of Elevators 6. Incidental Malpractice (Employed Nurses, EMT's and Paramedics) 7. Personal and Advertising Injury - Broad Form 8. Product Recall Expense $25,000 Occurrence $50,000 Aggregate 9. Unintentional Failure to Disclose Hazards 10. Unintentional Failure to Notify Page This endorsement amends coverages provided under the Businessowners Coverage Form through new coverages and broader coverage grants. This coverage is subject to the provisions applicable to the Businessowners Coverage Form, except as provided below. 1. Additional Insured by Contract, Agreement or This insurance applies on a primary basis if Permit that is required by the written contract, Under SECTION II - LIABILITY, C. Who Is An agreement or permit. Insured, Paragraph 4. is added as follows: b. This provision does not apply: a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract, agreement or permit that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, but only with respect to: (1) Unless the written contract or written agreement has been executed or permit has been issued prior to the "bodily injury ", "property damage" or "personal and advertising injury "; (2) To any person or organization included as an insured by an endorsement issued by us and made part of this Policy; (3) To any person or organization included as an insured under Item 1.a.2. of this endorsement; (4) To any lessor of equipment: (a) After the equipment lease expires; or (3) "Your work" for the additional insured(s) (b) If the "bodily injury ", "property at the location designated in the damage" or "personal and contract, agreement or permit; or advertising injury" arises out of the (4) Premises you own, rent, lease, control or sole negligence of the lessor; occupy. / RFV €EW) 6K- EL EUNI(;E HEF2EI7fA {PG.06 ) 391 -1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 5 (5) To any: (a) Owners or other interests from whom land has been leased which takes place after the lease for that land expires; or (b) Managers or lessors of premises if: (1) The occurrence takes place after you cease to be a tenant in that premises; or (ii) The "bodily injury ", "property damage" or "personal and advertising injury" arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor; or (6) To "bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services. c. Additional insured coverage provided by this provision will not be broader than coverage provided to any other insured. d. All other insuring agreements, exclusions, and conditions of the policy apply. 2. Additional Insured - Broad Form Vendors Under SECTION II - LIABILITY, C. Who Is An Insured, paragraph 5, is added as follows: 5. Any person or organization with whom you agreed, because of a written contract or written agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the 4 Hanover insurance Group OB3 A117248 1001364 demonstration, testing, or the substitution of parts under instruction from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspection, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the product; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any thing or substance by or for the vendor; or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in paragraphs 5.d. or 5.f.; or (2) Such inspections, adjustments, test or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering Into, accompanying or containing such products. 3. Alienated Premises Under SECTION If - LIABILITY, B. Exclusions, paragraph 1.k.(2) is replaced in its entirety with the following: (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises and occurred from hazards that were known by you, or should have reasonably been known by you, at the time the property was transferred or abandoned. vendor; 4. Bodily Injury Redefined d. Repackaging, unless unpacked solely Under SECTION II - LIABILITY, F. Liability and for the purpose of inspection, Me fcal Expenses Definitions, definition 4. is ace in its gentirety by the following: RFVIEWEfy E3'Y:. ,i/ GUf!!CF_ HEREi)IA (PG. OFG� 391.1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 4. "Bodily injury" means bodily injury, disability, sickness or disease sustained by a person, including death resulting from any of these at any time. "Bodily Injury" includes mental anguish or other mental injury resulting from "bodily injure". 5. Broad Form Property Damage - Borrowed Equipment, Customers Goods, Use of Elevators a. Under SECTION II - LIABILITY, B. Exclusions, paragraph 1.k., the following is added: Paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. Paragraph (3), (4) and (6) do not apply to "property damage" to "customers goods" while on your premises nor to the use of elevators. b. Under SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definition is added: "Customers goods" means property of your customer on your premises for the purpose of being: a. Worked on; or b. Used in your manufacturing process. c. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured whether primary, excess, contingent or on any other basis. 6. Incidental Malpractice - Employed Nurses, EMT's and Paramedics Under SECTION 11 - LIABILITY, C. Who Is An Insured, paragraph 2.a.(1)(d) does not apply to a nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x -ray or nursing services. Personal and Advertising Injury - Broad Form Under SECTION 11 - LIABILITY, F. Liability and Medical Expenses Definitions, definition 15, "Personal and Advertising Injury ", paragraph h. is added as follows: h. Discrimination or humiliation (unless insurance thereof is prohibited by law) that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (7) Asbestos, including loss, damage or at the or clean up resulting from asbestos or asbestos containing materials; or E7.EVIFV+ /ECS E3Y: /�j- _ EtJNICE. HEF�ECi,A. (PG OF �,� (a) The insured; or (b) Any officer of the corporation, director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to an "employee ", nor to the employment, prospective employment or termination of any person or persons by an insured. 6. Product Recall Expense a. Under SECTION II - LIABILITY, B. Exclusions, Paragraph 1. o. is replaced in its entirety by the following: o. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product "; (2) "Your work "; or (3) "Impaired property "; If such product, work or property Is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it, but this exclusion does not apply to "product recall expenses" that you incur for the "covered recall" of "your product ". The exception to the exclusion does not apply to "product recall expenses" resulting from: (1) Failure of any products to accomplish their intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substitutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the Inception of this insurance; (1) Not done intentionally by direction of: 391.1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 5 (8) Recall of "your products" that have no known or suspected defect solely because a known or suspected defect in another of "your products" has been found. b. Under SECTION II - LIABILITY, C. Who Is An Insured, paragraph 4.c. is added as follows: c. "Bodily injury" or "property damage" do not apply to "product recall expense" arising out of any withdrawal or recall that occurred before you acquired or formed the organization. c. Under SECTION II - LIABILITY, E. Liability and Medical Expense General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph e. is added as follows: e. You must see to it that the following are done in the event of an actual or anticipated "covered recall" that may result in "product recall expense ": (1) Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. Include a description of "your product' and the reason for the withdrawal or recall; (2) Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance. d. Under SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions, the following additional definitions are added: "Covered recall" means a recall made necessary because you or a government body has determined that a known or suspected defect, deficiency, inadequacy, or dangerous condition in "your product" has resulted or will result in "bodily injury" or "property damage ". "Product recall expense(s)" means: a. Necessary and reasonable expenses for: (1) Communications, including radio or television announcements or BY: k rn< Hanover Insurance Group.. 033A117248 1001384 printed advertisements including stationary, envelopes and postage; (2) Shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) Remuneration paid to your regular "employees" for necessary overtime; (4) Hiring additional persons, other than your regular "employees" (5) Expenses incurred by "employees" including transportation and accommodations; (6) Expenses to rent additional warehouse or storage space; (7) Disposal of "your product ", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, you incur exclusively for the purpose of recalling "your product'; and b. Your lost profit resulting from such "covered recall ". e. Under SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, the following is added: 5. The Limits of Insurance and rules stated below fix the most that we will pay under this Product Recall Expense Coverage. (1) The Aggregate Limit is the most that we will reimburse you for the sum of all "product recall expenses" incurred for all "product recall expenses" initiated during the policy period. (2) The Occurrence Limit shown on the Summary of Coverages is the most we will pay in connection with any one defect or deficiency. (a) All "product recall expenses" in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one "occurrence ". EUNICE HEREDIA (PG 50I 6 t I 391-1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 (b) Any amount reimbursed for "product recall expenses" in connection with any one "occurrence" will reduce the amount of the Aggregate Limit available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. (c) If the Aggregate Limit has been reduced by reimbursement of "product recall expenses" to an amount that is less than the Occurrence Limit, the remaining Aggregate Limit is the most that will be available for reimbursement of "product recall expenses" in connection with any other defect or deficiency. 6. A deductible of $500 applies per each "Occurrence ". 9. Unintentional Failure to Disclose Hazards Under SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, paragraph 6. is added as follows: 6. Representations We will not disclaim coverage under this Coverage Form if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. 10. Unintentional Failure to Notify Under SECTION II - LIABILITY, E. Liability and Medical Expenses General Conditions, 2. Duties in the Event of Occurrence, Offense, Claim or Suit, paragraph f. is added as follows: f. Your rights afforded under this Coverage Form shall not be prejudiced if you fail to give us notice of an "occurrence ", offense, claim or "suit ", solely due to your reasonable and documented belief that the "bodily Injury" or "property damage" is not covered under this Policy. REVIEWED FAY: /,- "/. _ UI ! ( EUNICL HEREDIA tPGLCIF/,, 391.1006 06 09 Includes copyrighted material of Insurance Services Office, Inc. Page 5 of 5