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2200 - Elie Farah Inc. - Traffic Analysis/Speed Review & Studies S E M F 0 8 6 0 7 O F �& 1-1141 'ilf PROFESSIONAL SERVICE AGREEMENT TRAFFIC ANALYSIS/SPEED REVIEW AND TRAFFIC CALMING STUDIES FOR TRAFFIC COMMISSION ITEMS AT VARIES LOCATIONS (ELIE FARAH INC.) 1. PARTIES AND DATE. This Agreement is made and entered into this '(Sr day of fdNeffbe , 20n, (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Elie Farah, Inc. with its principal place of business at 1593 Liberty Drive, Corona, California 92881 ("Contractor"). City and Contractor are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Contractors. Contractors desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing Traffic Analysis/Speed Review and Traffic Calming Study services to public clients, is licensed in the State of California, and is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such ongoing general public works and professional services ("Services') as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Traffic Analysis/Speed Review and Traffic Calming Study services necessary for the Project ELIE FARAH, INC. Page 2 of ("Services"). The Services and hourly rates are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Ten-n. The term of this Agreement shall be from Effective Date shown above to June 30, 2018, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable ELIE FARAH, INC. Page 3 of 11 to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Contractor at the request of the City. 3.2.5 City's Representative. The City hereby designates Rafael Fajardo, City Engineer or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Contractor's Representative. Contractor hereby designates Mr. Elie Farah, Principal Engineer or his designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, contractors and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Contractors shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. ELIE FARAH, INC. Page 4 of 11 3.2.9 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.10 Insurance. 3.2.10.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the entire duration of this Agreement an insurance coverage and policy as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement, as specified in the attached proposal (i.e., hourly rates, expenses, etc.), but not to exceed Five Thousand Six Hundred Dollars ($ 5,600.00). Such payments shall be made on an as-needed basis as directed by the City. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the ELIE FARAH, INC. Page 5 of 11 subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contract shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. ELIE FARAH, INC. Page 6 of 11 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: Elie Farah, Inc. 1593 Liberty Drive Corona, CA 92881 Attn: Elie Farah, M.S., P.E., T.E., Principal Engineer CITY: City of Rosemead 8838 E. Valley Boulevard Rosemead, CA 91770 Attn: Rafael M. Fajardo, P.E., City Engineer Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property ELIE FARAH, INC. Page 7 of 11 embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or other, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action. 3.5.6 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, Contractors and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at ELIE FARAH, INC. Page S of 11 Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Contractors. City reserves right to employ other Contractors in connection with this Project. 3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. ELIE FARAH, INC. Page 9 of 11 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. ELIE FARAH, INC. Page 10 of 11 3.5.21 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next page] ELIE FARAH, INC. Page 11 of 11 CITY OF ROSEMEAD ELIE FARAH, INC. ] _J3.1 \0. ,. 1t .te. 11 By_ ,e / ) II- 1_ 17 Bill R. Manis, City Manager Date Date Name: et/ t FA-441-1- Attest: A-443fAttest: Title: }'"k-eSfkai i City Clerk date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] By: ca'cv i'u'44A 7/- Name: Lr`S<t (4 'q Title: Secs 1-ca3Z ELIE FARAH, INC. EXHIBIT A SCOPE OF SERVICES/ HOURLY RATES A-1 Elie Farah Inc. Civil and Traffic Engineering Land Surveying&Construction Management RCE 42080, FR 1926,LS 8258. USD OP 21962.REM095310 October 17,2017 Mr.Patrick Piatt j Senior Management Analyst City of Rosemead Via email 8838 E Valley Boulevard Rosemead, CA 91770 626-569-2102 T 626-307-9218 F Subject: Proposal for a Traffic Analysis at San Gabriel Blvd and Klingerman St, All way Stop Warrant at Newmark Ave and Falling Leaf Ave, and speed review and traffic Calming Study at Denton Ave, Kelburn Ave, and Falling leaf Ave from Garvey Ave to Graves Ave in the City of Rosemead,County of Los Angeles. Dear Mr. Patrick: Per your request, Elie Farah Inc. (EFI) is pleased to submit this proposal for a Traffic Analysis at San Gabriel Blvd and Klingerman St, All way Stop Warrant at Newmark Ave and Falling Leaf Ave, and speed review and traffic Calming Study at Denton Ave, Kelburn Ave, and Falling leaf Ave from Garvey Ave to Graves Ave in the City of Rosemead. This estimate for Professional services is based on the City request on 11/11/2017. Scope of work: Item 1: Traffic Analysis at San Gabriel Blvd and Klingerman St The following is the recommended scope: 1. Contact City staff(as necessary) to discuss and review specific traffic related issues and concerns and collect all available traffic related data 2. Field observation and measurements by EFI staff 3. Compile Accident reports for the segments 4. Prepare recommendations for the intersection The Traffic Analysis Study as described above will be completed for a total LUMP SUM FEE OF $800. Item 2: All way Stop Warrant at Newmark Ave and Falling Leaf Ave I of 5 lie/Fke'a1,. r.. f We have identified the following scope of work for the feasibility and warrants necessary for The installation of an all way stop control at the intersection of Newmark Ave and Falling Leaf Ave.: I � Task I: Contact City staff (as necessary) to discuss and review specific traffic related issues and concerns and collect all available traffic related data, including any City's traffic study guidelines. Task 2: Conduct a 24-hour directional count at the approach lanes of the 3 study legs to determine existing average daily traffic volumes on the street and establish the eight highest hour volumes for the traffic volume warrant analysis. Task 3:Conduct a AM and a PM peak period manual traffic count of the key intersections of Newmark Ave and Falling Leaf Ave. Task 4:Collect all available traffic accident reports at the study intersections for a 3 year period. Review the types of accidents at each intersection and the effects of posted stop control. Task 5: Conduct all-way stop control warrant analysis for each intersection. Task 6: Prepare a traffic study and warrant analysis documenting the results of the analysis with suitable text and exhibits and submit for your review and approval. The All Way Stop Warrant Analysis Study as described above will be completed for a total LUMP SUM FEE OF $2,300. Item 3: Traffic Calming Study at Denton Ave, Kelburn Ave, and Falling leaf Ave from Garvey Ave to Graves Ave We have identified the following scope of work for the Traffic Calming Study: 1. Existing conditions on the roadway- street width, land use, driveways, intersecting streets etc.. 2. Existing Average Daily Counts on Denton Ave, Kelburn Ave, and Falling leaf Ave. 3. Approach ADT at each intersecting street. 4. Radar speed survey at Denton Ave, Kelburn Ave, and Falling leaf Ave 5. Existing conditions summary report with findings. 6. Recommendations: After this information is gathered,we will be able to determine what the main problem is or even if there is a problem. Once this is determined than we can provide a plan of action starting with low impact and expense to high cost items. The Traffic Calming Study as described above will be completed for a total LUMP SUM FEE 2 of 5 GGrT4in+h. Gx OF $2,500. excluding all-way stop warrants at intersecting streets. TOTAL FEE for Item 1, 2, & 3: The three studies listed above (Item 1, 2, & 3) will be completed for a total LUMP SUM II, FEE OF $5,600. Schedule The work can be completed within Three(3)weeks from the time of authorization to proceed. Reproduction costs, shipping costs, Maps and documents from Agencies, etc... will be charged in addition at cost plus 10%markup. Our proposal does not include (Exclusion): • Striping and signing plans,traffic signal plans, street lighting plans,traffic control plans. �. • All way stop warrant for Item 3. • Any governmental agency fees, application fees, plan check fees, or any other fees that must be paid to any other parties. • Obtaining signatures from other parties on plans, application forms, clearance documents, or other documents. • The cost of any other professional services that may be required such as, but not limited to soils engineer,geologist,landscape architect,and architects. • Any other item of work not specifically listed herein. Work beyond the scope of work, including conducting additional services, participation in additional meetings, community meetings and public hearings, or detailed drawings, if necessary, will be undertaken only on direction by you or your authorized agent, and will be billed in accordance with the attached fee schedule. Preparation for meeting, waiting and travel time is charged at normal hourly rates and is in addition to time spent at a hearing or meeting. This proposal shall expire 60 days from the date hereof The time stipulated in the contract will commence upon the date all necessary information is received. LIMITATION OF LIABILITY. To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, to Elie Farah Inc. (ENGINEER) and ENGINEER's officers, directors, partners, employees, agents and ENGINEER's Consultants, and any of then, to (OWNER), for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement for any cause or causes, including but not limited to the negligence,professional errors or omissions,strict liability or breach of contract or warranty express or implied of ENGINEER or ENGINEER'S officers, directors, partners, employees, agents or ENGINEER'S Consultants or any of them, shall not exceed the total compensation received by ENGINEER under this Agreement. TERMS/CONDITIONS. This agreement shall remain in effect until completion of services listed above.EFI. retains the right to terminate contract for due cause. Writer's notice to quit will be given three (3) working days in advance. All invoices are due and payable within ten (10) days, and any amounts more than 30 days past due shall be subject to a late fee of 1.5%per month on the outstanding balance. In the event of any action or proceedings for the collection of any unpaid amounts due under this agreement, 3 of /Tic to eth lnc • the prevailing party shall be entitled to its reasonable attorney's fees and costs. We look forward to having the opportunity to discuss our qualifications and approach in a greater detail, if necessary. Please indicate your acceptance by signing in the space provided below and returning/faxing one copy to our office. We look forward to having the opportunity to discuss our qualifications and approach in greater detail. • Thank you for considering EFI for this work. We look forward to working with you on this project. • Should you have any questions, Please call me at (951) 898-0772. Our office Facsimile number is (951)- 278-4110. Sincerely, • Elie Farah Inc. h-,-- Elie Farah, MS, PE, TE Principal Engineer ACCEPTED BY: Items approved: Amount approved:$ Signature: _ Date: Name: Title:_ Proposal San Gabriel&Klingcrma i Newmark&Falling Lea(Denton Kelbum,el al doe (ley of f.kpsemeaff nlo6cl1 e __ • 4of5 l_I;r-,arr,n ,»u • Personnel Hourly rates FEE SCHEDULE JANUARY 2017 TITLE HOURLY RATE Principal Engineer $115.00 !i Senior Transportation Engineer/Project Manager 5105.00 SII Project Engineer/Civil Engineer $95.00 Traffic/'Cransportahon Engineer S100.00 Associate Engineer $90.00 Engineering Drafisperson/CADD 585.00 Project Administrator/Clerical $50.00 Word Processing $50.00 Engineering Aide/Technician/ $50.00 Survey Crew(2-man crew) $160.00 Traffic Counts: 24-hour ADT Count-per direction per day $100.00 Turning Movement Count-per 2-hr.period $150.00 Parking Occup.Count per person-hour $50.00 Project expenses will be billed at cost plus ten percent for service and handling. Project expenses include project-related costs such as transportation, reproduction, postage,computer charges and subcontractor services. Hourly rates apply to travel as well as to working time. • Statements will be presented monthly for work completed and will be due and payable on presentation unless prior arrangements are made. • Statements aged more than 45 days will be increased by a 5 percent per month carrying charges unless otherwise specified in contracts. 5 of T/ie F>rnh. Inc ELIE FARAH. INC. EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Contractor will maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend,supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Contractor shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Contractor or Contractor's employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self- insured retention for liability not covered by primary but covered by the umbrella.. Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Contractor, subContractors or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or B-1 ELIE FARAH, INC. omissions of the Contractor and "Covered Professional Services' as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Contractor. Contractor and City agree to the following with respect to insurance provided by Contractor: 1. Contractor agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contractor also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contractor, or Contractor's employees, or agents, from waiving the right of subrogation prior to a loss. Contractor agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contractor shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured B-2 ELIE FARAH, INC. endorsement to Contractor's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contractor or deducted from sums due Contractor, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor ' (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contractor or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10.Contractor agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11.Contractor agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contractor's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contractor, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12.The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City. B-3 ELIE FARAH, INC. 13.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14.Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15.Contractor will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16.Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17.The provisions of any workers' compensation or similar act will not limit the obligations of Contractor under this agreement. Contractor expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18.Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all- inclusive. 19.These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20.The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21.Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this B-4 ELIE FARAH, INC. agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. B-5 �•Reertel OP ID: NH COH�' CERTIFICATE OF LIABILITY INSURANCE DATE{MM1ONYY DRmuzon 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(es) 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 le the certificate holder In Ileu of such endorsement(s). PRODUCER naamm{e ET Patricia Henson-Detwiler Unickel&Associates Insurance PHONE __-- _---- _- - - - Unickel&Assoc.Lick0227703 LAIC,No,E.n:909-890-9707 I FAX Not:909-890-9237 P.O. Box 10127 E-MAIL ADDREss:Phenson-detwilereunickelinsurance.com San Bernardino,CA 92423-0727 PRODUCER - - - - - - - - _-- CUSTOMER ID it ELISE-1 INSURERISI AFFORDING COVERAGE NAICY INSURED Elie Farah Inc. INSURER A TrVIrS Prop Gas co of America 25674 1593 Liberty Drive INSURERS,Axis Insurance Company 37273 Corona,CA 92881 INSURER C: INSURER D'. INSURERE. L INSURER F'. COVERAGES CERTIFICATE NUMBER: 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 THF 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. INSEND ET TYPE OF INSURANCE INSRIVND POLICY NUMBER IMMID�OIYY I D V) LIMITS GENERAL LIABILITY LACH O CU NLe !$ 2,000,000 A X 1 COMMERCIAL S_NLRALJGAMUTS X 680.2J242151.1747 0612012017 10612012018 � '1 1,000,000 �i CLAMS WADE L iI OCCUR NED E#'(A,r c,O cm soul I - __ 5,000 CONTRACTUAL LIABILITY NAL n ADV law '3 2,000,000 _ PER POLICY WORDING NEo;L AIccwATE 3 4,000000 GEGAID LIMI:APPLIES SCR: Ro . G . P.OPA $ 4,000,000 IG CIX11 T f 11 OC 11 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT s 2,000,000 --- o IEA avent; ANY AUTO NoDILY ate!RN Spar oe'w[; ALL OW N bD AU I OS BOOS Y'CCM,(Pdi As Add LI 3 sHNIJ.ES AJ105 Plroili YDAMAGE A X AIRED ALTOS 1680.2J242761-17-07 .06/2012017 0612012018 tarn ACCIOFHTI B X NON-OWNED ALTOS 3 • UMBRELLA MAD IDAC td • EAC OCGPRENCE 3 EXCESS LIAB CLAitic MADE IAGG A 3 DESUCTIELE I —.. . e7ENTON $ o NVORKERS COMPENSATION JCY L ! O' I AM EMPLOYERS LIABILITY VIN I li ANY oP N NtAI CL S OFFICERS/ENDER CVC L L — _ (Mandatory drt I iFI MP .DPA d ID CRPT UN OF DREPA olow IFI PSF F POI CY LIMT $ B Professional Liab ! AEA002565-01.2017 061201201710512012018 Per Claim 2,000,000 I Aggregate 2,000,000 DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES {Attach ACORD 101 Additional Rrmarea Schedule,if more spice is requ,redt RE: All lobs performed by the Elie Farah Inc.for the cert holder. The City of Rbsemead Is Additional Insured as respects General Liability per attached endorsement. 30 days notice of cancellation,except 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION ROSEM01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NONCE WILL BE DELIVERED IN City of Rosemead ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept Ms Silvia Llamas AUTHORISED REPRESENTATIVE P.O. Box 399 Rosemead, CA 91770 0c2.77s¢/<2- ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: - injury' or"property damage" caused by"your Any person or organization that you agree in a work" and included in the "produds- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to providesuch a. Only with respect to liability for"bodily injury , - coverage for that additional insured, and then "property damage" or"personal injury":and the insurance provided to the additional h. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the 'written contract requiring insurance" requires you to of "your insurance"u" twhich the "writtenrnconnectiontact q 9 requiring applies, or in provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured • d. For "bodily injury", "property damage" or Is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary,excess,contingent or has assumed liability in a on any other basis, that is available to the organizationadditional insured for a loss we cover.However, if contract or agreement you specifically agree in the "written contract • The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: - to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided,that f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any which coverage is sought occurs; and "professional services". In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is g. sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured. • Limits Of Insurance. under any other insurance. CG D3 81 09 15 0 2015 The Travelers I ndemnty Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc..with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added •'to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property . provided that the "bodily injury" and "property damage" or "personal injury arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a"written contract requiring insurance"with that person or organization. We waive this right a. After you have signed that written contract: only where you have agreed to do so as part of b_ While that part of the written contract is in • the "written contract requiring insurance" with effect; and ' such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage"occurs,or the°personal injury' offense is committed. • • Page 2 of 2 ©2015 The Travelers Indemaity Company.All rights reserved. CG D3 81 0915 Includes the copplghted material of Insurance Services OFce,Inc.,with its permission , COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 680-2J242761-17-47 ISSUE DATE: 04/24/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NONOWNED AUTO LIABILITY • This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE insurance is provided only with respect to those coverages for which a specific premium charge is shown: COVERAGE ADDITIONAL PREMIUM . Hired Auto Liability $ INCLUDED Nonowned Auto Liability $ INCLUDED (If no entry appears above, information required to complete this endorsement will he shown in the Declarations as applicable to this endorsement.) PROVISIONS C. WHO IS AN INSURED A. COVERAGE Section II — Who Is An Insured is'replaced by If a premium charge is shown in the SCHEDULE the following: above, the insurance provided under Section I — Each of the following is an insured under this in- _ Coverage A — Bodily Injury And Property surance to the extent set forth below: Damage Liability applies to 'bodily injury" and 1. You; "property damage" arising out of the maintenance or use of a "hired auto" or "nonowned auto". 2. Anyone else including any partner or "execu- Maintenance or use of a "nonowned auto" in- five officer of yours while using with your cludes test driving in connection with an 'auto permission a "hired auto" or a "nonowned business". auto"except: B. EXCLUSIONS a. The owner Cr lessee (of whom you are a sublessee) of a 'hired auto'or the owner With respect to the insurance provided by this or lessee of a "nonowned auto" or any endorsement: agent or"employee" of any such owner or 1. The exclusions, under Section I —Coverage lessee; A — Bodily Injury And Property Damage Liability,other than exclusions a., b.,d.,e.,f. b. Your "employee" if the covered "auto" is owned by that °employee" or a member and i. and the Nuclear Energy lete UahilTy placlu-ed of his or her household; sion (Broad Form) are deleted and replaced by the following: c. Your "employee° if the covered "auto" is a. "Bodily injury to: leased, hired or rented by him or her or a member of his or her household under a (1) Any fellow "employee" of the insured . lease or rental agreement for a period of arising out of and in the course of: . 180 days or more; (a) Employment by the insured;or • d Any partner or "executive officer" with re- (b) Performing duties related to the sped to any "auto" owned by such part- conduct of the insured's busi- ner or officer or a member of his or her ness. household; b. "Property damage"to: e. My partner or "executive officer" with re- (1) Property owned or being transported sped to any "auto" leased or rented to . by,or rented or loaned to the insured; such partner or officer ora member of his or her household under a lease or rental • or agreement for a period of 180 days or (2) Property in the care, custody or con- more; trol of the insured. MP T1 2511 03 Copyright,The Travelers Indemnity Company, 2003 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY • f. Any person while employed in or other-. E. ADDITIONAL DEFINITIONS • wise engaged in duties in connection with Section V—Definitions is amended by the addi- an "auto business", other than an "auto tion of the following definitions: • business"you operate; 1_ 'Auto Business" means the business or oc- g. Anyone other than your "employees", cupatlon of selling, repairing, servicing, stor- partners, a lessee or borrower or any of ing or parking'autos". their "employees°, while moving property to or from a "hired auto" or a "nonowned 2. "Hired auto" means any "auto" you lease, auto`; or • hire, rent or borrow.This does not include: 3. Any other person or organization, but only a. Any"auto"you lease, hire or rent under a with respect to their liability because of acts lease or rental agreement for a period of or omissions of an insured under 1. or 2. 180 days or more,or above. b. Any"auto"you lease, hire, rent or borrow D. AMENDED DEFINITIONS from any of your "employees", partners, stockholders, or members of their house- The Definition of"insured contract"of Section V— holds. Definitions is amended by the addition of the fol- lowing exceptions to paragraph f.: - 3. "Nonowned auto" means any "autos' you do Paragraph f. does not include that part of any not own, lease, hire, rent or borrow that are contract or agreement: being used in the course and scope of your business at the time of an "occurrence". This (4) That pertains to the loan, lease or rental of an includes "autos" owned by your "employees" "auto" to you or any of your "employees", if or partners or members of their households the "auto" is loaned, leased or rented with a but only while being used in the course and driver; or • scope of your business at the time of an-"oc • - (5) That holds a person or organization engaged currence'. • in the business of transporting property by If you are a sole proprietor, "nonowned auto" "auto"for hire harmless for your use of a cov- means any "autos' you do not own, lease, ered "auto" over a route or territory that per- . hire, rent or borrow that are being used in the son or organization is authorized to serve by course and scope of your business or per- public authority. sonal affairs at the time of an "occurrence". • • • • Page 2 of 2 Copyright,The Travelers Indemnity Company, 2003 MP T1 25 11 03 Includes copyrighted material of Insurance Services Office, Inc.,with its permission.