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PW Engineering and Traffic Survey 2018AGREEMENT FOR PROFESSIONAL SERVICES WITH W-TRANS FOR ENGINEERING SERVICES This Agreement is made and entered into this \ l.P day of between the CITY OF SAN RAFAEL (hereinafter "CITY"), and WHITL TRANSPORTATION, INC., a corporation authorized to do business in hereinafter "CONSULTANT"). RECITALS V' \ \ , 2018, by and CK & WEINBERGER California, dba W-Trans WHEREAS, the CITY has determined that professional engineering ser\,ices are required in connection with the CITY project entitled "2018 Engineering and Traffic Surveys (E&TS)," in which 63 road segments throughout the CITY must be assessed and speed zone recommendations developed; and WHEREAS, the CONSULTANT has agreed to render such services; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONSULTANT'S Project Director. CONSULTANT shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Dalene J. Whitlock, PE is hereby designated as the PROJECT DIRECTOR for CONSULTANT. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONSULTANT shall notifY the CITY within ten 10) business days of the substitution. 2. DUTIES OF CONSULTANT. CONSULTANT shall perform the duties and /or provide the services described in CONSULTANT'S Proposal dated April 3, 2018, marked as Exhibit "A," attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONSULTANT as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 4. COMPENSATION. For the full performance of the services described herein by CONSULTANT, CITY shall pay CONSULTANT on a time and materials basis for services rendered at the hourly rates shown in the "W- Trans Fee Estimate" included in Exhibit "A" attached hereto, with a total not-to-exceed amount of 60,000 for costs and services of CONSULTANT provided under this Agreement. o GINA Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONSULTANT. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on September 30, 2018, unless the parties agree to extend this Agreement for another 90 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to t1~e other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the tennination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of tennination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon tennination, any and all CITY documents or materials provided to CONSULTANT and any and all of CONSULTANT's documents and materials prepared for or relating to the perfonnance of its duties under this Agreement, shall be delivered to CITY as soon as possible , but not later than thirty (30) days after tennination. 7. OWNERSHlP OF DO CU MENTS. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this Agreement will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. CONSULTANT shall fumish to CITY all necessary copies of data needed to complete the review and approval process. 8. INSPECTION AND AUDIT. Upon reasonable notice, CONSULTANT shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONSULTANT in connection with its perfonnance of its duties under this Agreement. CONSULTANT shall fully cooperate with CITY or its agent in any such audit or inspection. 9. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 2 10. lNSURANCE . A. Scope of Coverage. During the tenn of this Agreement, CONSULTANT shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non-owned, and hired vehicles) insurance policy in the minimum amount ofone million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional perfonns any of the services required to be perfonned under this Agreement, a professional liability insurance policy in the minimum amount of one million dollars 1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, to cover any claims arising out of the CONSULTANT's perfonnance of services under this Agreement. Where CONSULTANT is a professional not required to have a professional license, CITY reserves the right to require CONSULTANT to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONSULTANTshall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONSULTANT's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONSULTANT in subparagraph A ofthis section above shall also meet the following requirements: 1. Except for professional liability insurance and worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds under the policies. 2 . The additional insured coverage under CONSULTANT'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution . The "primary and noncontributory" coverage in CONSULTANT'S policies shall be at least as broad as ISO fonn CG20 0104 l3. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Fonn, then, following tennination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date ofthis Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 3 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (I) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONSULTANT's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONSULTANT shall procure a bond guaranteeing payment oflosses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONSULTANT shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (I) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONSULTANT. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. II. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONSULTANT shall, to the fullest extent permitted by law, indemnifY, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONSULTANT'S performance of its obligations or conduct of its operations under this Agreement. The CONSULTANT's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONSULTANT's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONSULTANT's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONSULTANT's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT'S performance of or operations under this Agreement, CONSULTANT shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. Where the services to be provided by CONSULTANT under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONSULTANT shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless the City Indemnitees from and against any CLAIMS that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT in the performance of its duties and obligations under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such CLAIM which is caused by the sole negligence or willful misconduct of 4 CITY. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. C. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 12. NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 13. COMPLIANCE WITH ALL LAWS. CONSULTANT shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONSULTANT shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONSULTANT shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 14. NO THIRD PARTY BENEFICIARIES. CITY and CONSULTANT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONSULTANT's Project Director: Bill Guerin Director of Public Works City of San Rafael III Morphew Street San Rafael, CA 9490 I Dalene 1. Whitlock, PE W-Trans 490 Mendocino Ave, Suite 201 Santa Rosa, CA 95401 5 16. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, CONSULTANT, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONSULTANT and CITY expressly intend and agree that the status of CONSULTANT, its officers, agents and employees be that ofan Independent Contractor and not that ofan employee ofCITY. 17. ENTIRE AGREEMENT -AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter ofthis Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONSULTANT and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way ofa written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONSULTANT and the CITY. E. If any conflicts arise between the terms and conditions ofthis Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions ofthis Agreement shall control. 18. SET-OFF AGAINST DEBTS. CONSULTANT agrees that CITY may deduct from any payment due to CONSULTANT under this Agreement, any monies which CONSULTANT owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant ofthis Agreement or any applicable law, ordinance or regulation. 20. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 21. CITY BUSINESS LICENSE / OTHER TAXES. CONSULTANT shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONSULTANT shall pay any and all state and 6 federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONSULTANT has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 22. APPLICABLE LAW. The laws ofthe State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe day, month and year first above written. CITY OF SAN RAFAEL CONSULTANT BY:&w~Da Name: Dalene J. wnitl ~ck v Title: President ATTEST: and By: LD1lnno2t~- LINDSAY LARA, City Clerk Name: Corinne L. Rasmussen Title: Secretary APPROVED AS TO FORM: 7 April 3, 2018 Ms. Lauren Davini City of San Rafael 111 Morphew Street San Rafael, CA 94901 TranS Attachment A Updated Proposal for Professional Services for Engineering and Traffic Surveys Dear Ms. Davini; W-Trans is pleased to provide this revised proposal to prepare current Engineering and Traffic Surveys for the City of San Rafael building on past work performed for the City. W-Trans staff has kept current on the State statutes applicable to determining radar-enforceable speed limits as well as understanding the requirements for collecting data and establishing speed limits as set forth in the California MUTeD. The following scope of services is suggested to achieve radar-enforceable speed limits for the following City streets. Related Experience W-Trans has either completed or is in the final stages of preparing Engineering and Traffic Surveys for the Cities of EI Cerrito and Rohnert Park and the Town of Windsor. Details of these three projects are provided below. Surveys have been completed for ten segments in the City of EI Cerrito, and are in draft form waiting for staff to review and comment. Based on the billings to date, it is anticipated that the project will come in below the contract amount of $12,500. The contact for this project is Melissa Tigbao; she can be reached at (510) 215-4368. Similarly, draft surveys for 32 segments in the City of Rohnert Park have been submitted and are under review. Three additional surveys were recently requested, and a proposal is in process at the City for the contract amendment to include this additional work. Billings to date reflect a cost of about 80 percent of the $27,500 contract amount to prepare the draft surveys for the 32 segments, including data collection. Vanessa Garrett at the City can be reached at (707) 588-2251 to discuss this project. All the surveyed segments within the Town of Windsor were reviewed to determine which still required surveys for enforcement and those with surveys that had expired or were due to expire. The result of this process was an update of surveys for four segments which were ultimately combined to create three segments. The project was completed and the changes presented to the Town Council in September 2017 , with only 85 percent of the project's $9,325 estimated fee charged. Questions regarding W-Trans ' performance on this project can be directed to Toni Bertolero at (707) 838 -5978. Study Segments Based on the information provided, it is understood that the City has 58 segments where updated surveys are requested. The list provided has been set forth in Table 1, wh ich is enclosed. 490 MendOCino Avenue, Suite 201 Santa Rosa, CA 95401 707542.9500 w-trans.com SANTA ROSA· OAKLAND· SAN JOSE EXI=I~BIT A Attachment A Ms. Lauren Davini Page 2 April 3,2018 Tasks The following specific tasks are suggested to achieve radar-enforceable speed limits for the segments identified in Table 1 per the Scope of Services outlined in the RFP. Note that some of the tasks as identified in the RFP have been eliminated to reduce the cost of the project, including the preparation of maps identifying the locations of all existing speed limit signs and reduction of daily volume data collection from three days to one. The format in which each product will be delivered is indicated in parentheses following the description of that deliverable. 1. Project management tasks will include oversight of the work product, budget and schedule to erisure that the surveys provide all the information required and meet applicable laws, invoices are accurate and reasonable, and the schedule is met. Deliverables: Monthly invoices, schedule updates, progress reports 2. The project manager will coordinate with staff to schedule a meeting to discuss any changes in traffic patterns, road geometrics or other conditions which have taken place since the prior studies were completed and which might affect the new surveys, as well as any desires to modify segments from those previously established. Consideration will be given to the segments that might be reasonable to combine or separate as well as to any segments that are currently surveyed, but that may meet the criterion for a radar-enforceable prima facie speed limit. It is anticipated that City staff will provide the collision data, copies of previous surveys, and the GIS base map for use in the project during this meeting. The schedule will be updated if appropriate as a result of this discussion. Deliverables: Meeting agenda and notes, updated schedule (WORD) 3. The project engineer will perform more detailed surveys of all the street segments to confirm or document characteristics such as lane configuration, existence or lack of a sidewalk, parking conditions, bicycle facilities and traffic, terrain, adequacy of stopping sight distance, driveway characteristics, intersection spacing and offsets, etc. Existing speed limit sign locations will be inventoried during this review, and specific locations for the data collection effort will be determined. 4. A list of radar speed survey locations for each segment will be provided to the City for the review. The list will indicate the address as well as where the vehicle would park during the survey. Deliverable: Speed survey locations (WORD) 5. Speeds will be sampled using radar during off-peak periods, avoiding the morning, noon and evening traffic peaks on a Tuesday, Wednesday or Thursday. A minimum of 100 vehicles in each direction will be sampled for each segment using standard data-collection techniques provided this number of data points can be obtained in a 2-hour period; regardless of the time needed, at least 50 data points in each direction will be obtained. 6. New machine counts will be obtained for all the study segments for a period of one day, and shall be on Tuesday, Wednesday or Thursday. Dates for the counts will be selected to avoid holidays, school breaks, construction, or inclement weather, and confirmed with City staff prior to installing the counters. Data will be presented in 15-minute increments, with a.m. and p.m. peak hours identified. Deliverable: Count data in summary and "raw" formats (Excel) Attachment A Ms . Lauren Davin i Page 3 April 3, 2018 7. The collision records provided by the City will be reviewed to determine the number of collisions on each of the survey segments for a three-year study period. Collision rates will be calculated based on the records for mid-block collisions and collected volume data. The collision rates for all City segments with the same characteristics will be tabulated and a City-wide average developed. The rates for each segment will be compared to average rates for similar facilities within the city and as published by Caltrans . Deliverable : Collision rate calculations and summary of City-specific average rates (Excel) 8. All the pertinent information will be entered in an Excel spreadsheet form. W-Trans has developed a two-page form that includes all the information required per the guidelines in the CA-MUTCD. A sample form is enclosed from our ongoing work for the City of Rohnert Park; note it would be modified as necessary to meet the specific needs of the City of San Rafael. The results of all 58 surveys will be entered in a table, including the collision rate, comparable average City and Caltrans rates, existing speed limit, 85 th percentile speed, and proposed speed limit, or other data as des ired by staff. Draft surveys and the summary table will be submitted to City staff for review, and any recommended changes from the existing speed limits will be discussed with City staff for local insight which might affect the recommendation . Deliverables: Draft surveys for all 58 segments, summary table (pdf) 9. A draft report will be prepared that details all the methods, assumptions, and results of the data collection and survey preparation, and which recommends speed limits for each of the survey segments based on the data collected and analysis performed . Copies of all data collected, a radar certification and the surveys will be provided in appendices . Deliverable: Draft E&TS report (pdf) 10 . The report will be finalized based on comments from City staff. Deliverable: Final E&TS report (pdf plus five copies in binders; two binders will contain original copies of each Engineering and Traffic Survey, both with the wet signature and seal ofa Professional Traffic Engineer and a space for the City Engineer to sign, if desired.) 11 . The project manager will attend one meeting in addition to the kick-off meeting to review draft surveys with staff and obtain input. Exc lusions -The scope of services includes only those items that are specifically identified above . Any additional services , such as meetings or hearings, requests for further analysis, or multiple rounds of comments, could be provided on a time and materials basis after receiving written authorization for the extra work. Schedule It is understood that the City has a desire to have this work initiated soon so that data can be collected prior to the end of the current school year on June 15, and the associated change in traffic patterns . The following preliminary schedule of dates by which specific tasks would be completed was developed assuming that a notice to proceed would be issued by Monday, April 23, 2018 . Ms. Lauren Davini Kick-off meeting Finalize data collection locations Complete data collection Collision rate summary Draft surveys Draft E&TS report City comments Final report Budget Page4 May2 May9 June 6 (avoiding Memorial Day weekend) June 20 July 11 July18 August 1 August 15 Attachment A April 3,2018 Our services will be conducted on a time and materials basis at the rates indicated on the enclosed sheet. Monthly invoices will be provided electronically unless a hard copy via mail is requested, and will include a summary of the work completed during that invoice period. The maximum, or "not-to-exceed," fee for this work is $60,000, including about $10,300 for data collection. This proposal will remain a firm offer for 90 days from the date of this letter. I am authorized to negotiate a contract with the City for the proposed services, and am willing to accept the City's contract language as i ndicated in the sample Professional Services Agreement, with the following exceptions or clarifications. Our carrier has indicated that we cannot name the City as an additional insured on the workers compensation policy; the City will be named on all other policies. We respectfully request that the wording in the contract be amended to use the terminology "additional insured" in lieu of "additionally named insured." As we understand it, "Additionallnsured" refers to a person or entity added to the policy by an endorsement, such as is being requested by the City. "Additional Named Insured" is a person or business that is named somewhere else in the policy; they have the same rights as a named insured but are typically not responsible for the premium. We can provide coverage that is primary and non-contributory on the general and auto liability policies. Our professional liability policy has a deductible of $25,000 per occurrence and $50,000 policy aggregate deductible. Thank you for giving us the opportunity to propose on these services. Sincerely, Principal DJW/djw/SRA 134.Pl Enclosure: Table 1, List of Study Segments W-Trans Fee Estimate Sample E&TS Form Attachment A Segment Study Street and Limits No. 1. 2nd Street between Marquard Avenue and Hayes Street 2. 2nd Street between Hayes Street and Grand Avenue 3. 3,d Street between Grand Avenue and Hayes Street 4. 4th Street between H Street and Lincoln Avenue 5. 4th Street between Ross VaHey and Marquard Avenue 6. 5th Avenue between Grand Avenue and H Street 7. 5th Avenue between H Street and West End 8. Andersen Drive between BeHam Boulevard and Sanitary Treatment Plant 9. Andersen Drive between Francisco Boulevard West and Bellam Boulevard 10. Andersen Drive (Zone 3) between Francisco Boulevard West and Lindaro Street 11. Arias Street between Nova Albion Way and Las Pavadas Avenue 12. B Street between Woodland Avenue and Second Street 13. Balboa Street between Pt. San Pedro and Lochinvar Road 14. Bellam Boulevard between Auburn Street and Kerner Boulevard 15. Civic Center Drive between Freitas PkWay and Avenue of the Flags 16. Civic Center Drive between N. San Pedro Road and Avenue of the Flags 17. D Street between Second Street and Antonette Avenue 18. Del Ganado Road between M.T. Freitas Parkway and West End 19. Dubois Street between Irwin Street and Woodland Avenue 20. Francisco Boulevard East between Bellam Boulevard and Grand Avenue 21. Francisco Boulevard East (Zone 3) between Irene Street and 1-580 22. Francisco Boulevard West between Rice Drive and Second Street 23. Francisco Boulevard West between Southbound US-101 Ramps and Rice Drive 24. Golden Hinde Boulevard between Nova Albion Way and Los Ranchitos Road 25. Grand Avenue between Mission Avenue and Villa Avenue 26. Grand Avenue between Mountain View Avenue and Jewel Street 27. Hetherton Street between Mission Avenue and Second Street 28. Irwin Street between Second Street and Mission Avenue 29 . Kerner Boulevard between BeHam Boulevard and Canal Street 30. Kerner Boulevard between Irene Street and Bellam Boulevard 31. Las Colindas Avenue between Las Ovejas Avenue and Las Pavadas Avenue 32. Las Gallinas Avenue between Cherry Hill Drive and Lucas VaHey Road 33. Las Gallinas Avenue between Cherry Hill Drive and Manuel T Freitas Parkway 34. Las Ovejas Avenue between MonteciHo Road and Las Colindas Avenue 35. Las Pavadas Avenue between MateciHo Road and Las Colindas Avenue 36. Lincoln Avenue between Linden Lane and Irwin Street 37. Lindaro Street between Woodland and Second Street 38. Linden Lane between Lincoln Avenue and Grand Avenue Attachment A Segment Study Street and Limits No. 39. Los Gamos Road between Lucas Valley Road and End 40. Los Ranchitos Road between Merrydale Road and Circle Road 41. M.T. Freitas Parkway between Montecillo and Redwood Highway 42. Mcinnis Parkway between Civic Center Drive and Waterside Circle 43. Mission Avenue between Embarcadero Way and Lincoln Avenue 44. Mission Avenue between Lincoln Avenue and H Street 45. Mitchell Boulevard between Redwood Drive and West End 46. Montecillo Road between Nova Albion Way and Las Qvejas Avenue 47. Mountain View Avenue between Grand Avenue and East End 48. N. San Pedro Road between Los Ranchitos and Golf 49. Northgate Drive between Las Gallinas Avenue and Los Ranchitos Road 50. Nova Albion Way between Las Gallinas Avenue and Northgate Drive 51. Professional Center Parkway between Redwood Highway and Channing Way 52. Redwood Hwy between Smith Ranch Road and 4222 Redwood Highway 53. Redwood Hwy between Manual T. Freitas and 4222 Redwood Highway 54. Riviera Drive between Pt. San Pedro and Biscayne Drive 55. Smith Ranch between Redwood Highway and East End 56. Villa Avenue between Lillian Lane and Grand Avenue 57. Woodland Avenue between B Street and Du Bois Street 58. Woodland Avenue between Du Bois Street and Auburn Street Attachment A D.· • Project Management & Meetings (Tasks 1, 2 & 12) 26 13 2 0 $177 41 Set Collection Locations (Tasks 3-4) 4 40 0 11 $294 55 Obtain Data (Tasks 5-6) 1 11 15 0 $15,269 27 Collision Rates & Speed Limit Diagrams (Tasks 7-8) 24 71 65 0 $0 160 Draft Surveys & Report (Taskes 9-10) 14 85 9 158 $0 266 Final Report (Task 11) 2 4 4 0 $0 10 0 0 . Project Management & Meetings (Tasks 1, 2 & 12) $7,150 $1,495 $190 $0 $177 $9,012 Set Collection Locations (Tasks 3-4) $1,100 $4,600 $0 $550 $294 $6,544 Obtain Data (Tasks 5-6) $275 $1,265 $1,425 $0 $15,269 $18,234 Collision Rates & Speed Limit Diagrams (Tasks 7-8) $6,600 $8,165 $6,175 $0 $0 $20,940 Draft Surveys & Report (Taskes 9-10) $3,850 $9,775 $855 $7,900 $0 $22,380 Final Report (Task 11) $550 $460 $380 $0 $0 $1,390 These rates are valid for work initiated prior to December 31, 2018. Work initiated after January 1, 2019, and any subsequent year may be billed at the revised rates established for that year. Mileage charges will be based on the IRS Standard Mileage Rate (set at $0.545 effective January 1, 2018; subject to change) plus 10 percent. City of Rohnert Park Engineering and Traffic Survey Attachment A Street: Rohnert Park Expressway From: City Limits West To: Redwood Drive Posted Limit: Width: Lanes: Configuration: Parking: Bike Facility: Sidewalks: 40 83 feet 6 Divided None Bike lane both sides Both Sides Land Use: Mixed Character: Terrain: Suburban Flat Street Conditions Observations and Evaluation Volume (ADT): 14,300 vpd Vehicles Sampled: Segment Length: 0.8 miles 85th Percentile Speed: Collisions: 16 crashes Mean (50th Percentile) Speed: Evaluation Period: 2 years Pace: 34 to Collision Rate: 1.92 clmvm (collisions per million vehicle miles) Percent in Pace: Statewide Average Rate: 1.17 clmvm 140 44 mph 40 mph 44 mph 76.4% Additional details provided on the next sheet.) Conditions Not Readily Apparent to the Driver: The collision rate of 1.92 clmvm on Rohnert Park Expressway exceeds the statewide average of 1.17 clmvm for similar facilities, indicating a safety condition not readily apparent to drivers. Conclusions and Recommendations The 85th percentile speed was determined to be 44 mph. With an above average collision rate the speed limit should be posted at 5 mph below the nearest increment of the 85th percentile speed, or 40 mph, in accordance with the provisions of Sections 627,22357,22358 and 40802 of the California Vehicle Code. 40 mph Recommended Speed Limit March 29, 2018 Date Dalene J. Whitlock, PE, PTOE SEAL Artur da Rosa, Deputy City Engineer t(W-Trans Street: Rohnert Park Expressway From: City Limits West Speed Profile 30 C CD 25 "C .... 0 J 20CD 0:: .... 15CD ..c E 10 ::J Z 5 0 J tV ~ '!>" '!>'!> o Eastbound o Westbound .Total Speed Cumulative Speed Profile 100.0 90.0 80.0 70.0 5i 60.0 r ---- 50.0 40.0 30.0 20.0 10.0 0.0 L r/' j Attachment A To: Redwood Drive J ~ ~ ~ ~ ~ ~ ~ ~ ~ Date Data Collected: 26-0ct-17 Day of the Week: Thursday Speed Start Time: 9:30 End Time: 10:30 Weather: Recorder: Clear NDS WTRAN-1 OPIO: CM ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIODIYYYY) 0410512018 THIS CERl1FICATE IS ISSUED AS A MATTER OF INFORMA110N ONLY AND CONFERS NO RIGHTS UPON THE CERl1FICATE HOLDER. THIS CERl1FICATE DOES NOT AFFIRMAl1VELY OR NEGAl1VELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERl1FICATE OF INSURANCE DOES NOT CONSl1TUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTAl1VE OR PRODUCER, AND THE CERl1FICATE HOLDER. IMPORTANT: If the certificate holder is an ADDIl10NAL INSURED, the pollcy(ies) must have ADDIl10NAL INSURED provisions or be endorsed. If SUBROGA110N 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(;;). PRODUCER 707-782-9200 ~R~~~CT Daniel Powers Don Ramatici Insurance, Inc. r~g,Ntl'o, Ext): 707-782-9200 Irfi~, NO):707-782-9300P.O. Box 551 Petaluma, CA 94953 ~~A~~SS: Daniel Powers INSURER/SI AFFORCING COVERAGE NAiCII INSURER A : TravelersProp.CasualtyCo Amer. 25674 INSURED Whitlock & Weinberger INSURER B : National Union Fire Ins. of PA 19445 Transportation, Inc INSURER C : Hartford Casualtydba: W-Trans 490 Mendocino Ave. Suite 201 INSURER D : Navigators Specialty Insur. Co 36056 Santa Rosa, CA 95401 INSURERE: INSURERF: COVERAGES ;t:t< 111"11 ;ATE NUMBER: 132 REVISION NUMBER: 000 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . I~~ TYPE OF INSURANCE I~~fci-I~R POUCY NUMBER POLICYEFF POUCYEXP UMITS A r!. COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE 5 2,000,000 ::= J CLAIMS-MADE [K] OCCUR Y Y 6806K030786 01/31/2018 01/3112019 g~~[f;U?E~ENTED 5 1,000,000 r--10,000MEDEXP (Anyone person) 5r--2,000,000PERSONAL & ADV INJURY Sr-- 4,000,000R'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 POLICY [K] ~~& 0 LOC PRODUCTS· COM PlOP AGG 5 4,000,000 llIHER : Emp Ben. s 2,000,000 A ~TOMOBILE UABILITY ~~~~~~~tfINGLE LIMIT 5 1,000,000 ANY AUTO Y Y BA6K076752 01131/2018 01131/2019 BODILY INJURY (Per person) 5 OWNED r-SCHEDULED r--AUTOS ONLY r--AUTOS BODILY INJURY (Per accident) S L'VWSONLY ~8ro~~~~~ F~OPEr:nv,t?AMAGE sr--r--er acadent S B X UMBRELLA UAB ~ OCCUR EACH OCCURRENCE 5 3,000,000 r--EBU035886230 01/31/2018 01131/2019 3,000,000EXCESSUABCLAIMS-MADE AGGREGATE S OED I I RETENTION 5 S C WORKERS COMPENSATION XHf~TUTE I IfJ H• AND EMPLOYERS' UABIUTY YIN Y 57WECZU5856 01131/2018 01131/2019 1,000,000ANYPROPRIETORIPARTNERIEXECUTIVE0E.L. EACH ACCIDENT 5 ~ FICERlM~M'mIl EXCLUDED? N/A 1,000,000andatoryn ) E.L. DISEASE· EA EMPLOYEE 5 w~~ ~~~PERATIONS below E.L. DISEASE· POLICY LIMIT 5 1,000,000 D Professional CM 18DPL085130lV 03123/2018 01/3112019 Limit 5,000,000 Oed 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Remar1<s Schedule, may be attached II more sp.ce Is required) Please see holder notes. WTrans project: SRA134 -Engineering & Traffic Surveys City of San Rafael 111 Morphew Street San Rafael, CA 94915-1560 ACORD 25 (2016/03) SANRA13 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HOLDER CODE SANRA13 NOTEPAD: INSURED'S NAME Whitlock & Weinberger WTRAN-1 OPID:CM It is agreed that the City of San Rafael, its officers, agents, employees and volunteers are named as additional insureds on a primary and non- contributory basis with regard to general liability per form CGD381 (09/15) and with regard to auto liability per forms CAT420(02/15) & CAT474 (02/16) . Waiver of subrogation applies to general liability per form CGD379 01/16), to auto liability per form CAT420(02/15), to workers compensation per form WC040306 and to professional liability per form NAVDPL1001 01/10). Excess liability is follow form over underlying coverages per form 90269(11/09). PAGE 2 Date 04/05/2018 POLICY NUMBER: 680-6K030786-18-47 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 AN INSURED: Any person or organization that you agree in a written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed operations hazard" unless the written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: 1) The "bodily injury" or "property damage" for which coverage is sought occurs; and 2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG 03 810915 © 2015 The Travelers Indemnity 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 B., Transfer Of Rights Of Recovery Against others To Us, of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of2 © 2015 The Travelers Indemnity Company. All rights reserved. CG 03 B1 0915 Includes the copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBERBA-6K076752-18-GRP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS E. TRAILERS -INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in an "em- ployee's" name, with your permission, while H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT -INCREASED LIMIT I. WAIVER OF DEDUCTIBLE -GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV -BUSI· NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: 1) Any covered "auto" you lease, hire, rent or borrow; and 2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". C. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE : CA T4 200215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11-COVERED AUTOS LIABILITY COVERAGE: 2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to fumish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11-COVERED AUTOS LIABILITY COVERAGE: 4) All reasonable expenses incurred by the insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS -INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION 1-COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover- age Extensions, of SECTION '" -PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: 1) The most we will pay for "loss" to anyone auto" that you hire, rent or borrow is the lesser of: a) $50,000; b) The actual cash value of the damaged or stolen property as of the time of the loss"; or c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. 2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. 4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". 5) This Coverage Extension does not apply to: a) Any "auto" that is hired, rented or bor- rowed with a driver; or b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION '" -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of 1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT -INCREASED LIMIT Paragraph C.1.b. of SECTION '" -PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION '" -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION '" -PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: 1) Owned by an "insured"; and 2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T420 0215 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III -PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: 1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO 2) Any: a) Overdue lease or loan payments at the time of the "loss"; b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c) Security deposits not returned by the les- sor; d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 200215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER:BA-6K076752-18-GRP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement between you and that person or organization, that is signed by you before the bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.S., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is the first named insured when the written contract or agreement between you and that person or organization, that is signed by you before the bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non-contributory. CAT4740216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. POLICY NUMBER: 680-6K030786-18-47 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS COVERAGE XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Incidental Medical Malpractice C. Reasonable Force -Bodily Injury Or Property Damage D. Non-Owned Watercraft -Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Damage To Premises Rented To You G. Malicious Prosecution -Exception To Knowing Violation Of Rights Of Another Exclusion H. Medical Payments -Increased Limit I. Increased Supplementary Payments J. Additional Insured -Owner, Manager Or Lessor Of Premises PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION II -WHO IS AN INSURED: Any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy qualifies as a Named Insured. However, coverage for any such additional organization will cease as of the date during the policy period that you no longer maintain ownership of, or majority interest in, such organization. B. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of occurrence" in the DEFINITIONS Section: K. Additional Insured -Lessor Of Leased Equipment L. Additional Insured State Or Political Subdivisions -Permits Relating To Premises M. Additional Insured State Or Political Subdivisions -Permits Relating To Operations N. Who Is An Insured -Newly Acquired Or Formed Organizations o. Knowledge And Notice Of Occurrence Or Offense P. Unintentional Omission Q. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Written Contract R. Amended Insured Contract Definition -Railroad Easement Unless you are in the business or occupation of providing professional health care services, occurrence" also means an act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person. 2. The following is added to the DEFINITIONS Section: Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. 3. The following is added to Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above CG D3 79 0116 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY does not apply to any "bodily injury" arising out of any providing or failing to provide first aid or "Good Samaritan services" by any of your "employees". other than an employed doctor. Any such "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 4. The following exclusion is added to Paragraph 2.. Exclusions. of SECTION I - COVERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: Sale of Pharmaceuticals Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by. or with the knowledge or consent of. the insured. 5. The following is added to Paragraph 5. of SECTION III -LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit. all related acts or omissions committed in the providing or failing to provide first aid or "Good Samaritan services" to anyone person will be considered one "occurrence". 6. The following is added to Paragraph 4.b .. Excess Insurance. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance. whether primary. excess. contingent or on any other basis. that is available to any of your "employees" for bodily injury" that arises out of providing or failing to provide first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. C. REASONABLE FORCE -BODILY INJURY OR PROPERTY DAMAGE The following replaces Exclusion a .• Expected Or Intended Injury. in Paragraph 2. of SECTION 1- COVERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended injury Or Damage Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury" or "property damage" resulting from the use of reasonable force to protect any person or property. D. NON-OWNED WATERCRAFT -INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Exclusion g.. Aircraft, Auto Or Watercraft. in Paragraph 2. of SECTION I COVERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 2) A watercraft you do not own that is: a) Less than 75 feet long; and b) Not being used to carry any person or property for a charge; 2. The following is added to Paragraph 2. of SECTION II -WHO IS AN INSURED: Any person or organization that. with your express or implied consent. either uses or is responsible for the use of a watercraft that you do not own that is: a) Less than 75 feet long; and b) Not being used to carry any person or property for a charge; 3. The following is added to Paragraph 4.b .. Excess Insurance. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance. whether primary. excess. contingent or on any other basis. that is available to the insured for "bodily injury" that arises out of the use of a watercraft that you do not own that is: a) Less than 75 feet long; and b) Not being used to carry any person or property for a charge. E. AIRCRAFT CHARTERED WITH CREW 1. The following is added to Exclusion g •• Aircraft, Auto Or Watercraft. in Paragraph 2. of SECTION I -COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: This exclusion does not apply to an aircraft that is: a) Chartered with crew to any insured; Page 20f6 © 2016 The Travelers Indemnity Company. All rights reserved. CG 03790116 b) Not owned by any insured; and c) Not being used to carry any person or property for a charge. 2. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured for use of an aircraft that is: a) Chartered with crew to any insured; b) Not owned by any insured; and c) Not being used to carry any person or property for a charge. F. DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to such damage to premises as described in Paragraph 6. of Section III -Limits Of Insurance. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water; or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 6. of SECTION III -LIMITS OF INSURANCE: Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to anyone premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $1,000,000; or b. The amount shown on the Declarations of this Coverage Part for Damage To Premises Rented To You Limit. 3. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINITIONS Section: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: 1) Fire; 2) Explosion; 3) Lightning; 4) Smoke resulting from such fire, explosion, or lightning; or 5) Water, is not an "insured contract"; 4. The following replaces Paragraph 4.b.(1)(b) of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: b) That is insurance for premises rented to you, or temporarily occupied by you with the permission of the owner; CG 03 79 0116 © 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. MALICIOUS PROSECUTION -EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF ANOTHER EXCLUSION The following is added to Exclusion a., Knowing Violation Of Rights Of Another, in Paragraph 2. of SECTION I -COVERAGES -COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: This exclusion does not apply to "personal injury" caused by malicious prosecution. H. MEDICAL PAYMENTS -INCREASED LIMIT The following replaces Paragraph 7. of SECTION III -LIMITS OF INSURANCE: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of bodily injury" sustained by anyone person, and will be the higher of: a) $10,000; or b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit. I. INCREASED SUPPLEMENTARY PAYMENTS 1. The folloWing replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS COVERAGES A AND B of SECTION I - COVERAGES: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS COVERAGES A AND B of SECTION I - COVERAGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit", including actual loss of earnings up to $500 a day because of time off from work. J. ADDITIONAL INSURED -OWNER, MANAGER OR LESSOR OF PREMISES The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract to name as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or advertising injury" that: a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place, or personal injury" caused by an offense that is committed, after you have signed that contract; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you under that written contract. The insurance provided to such premises owner, manager or lessor is subject to the following provisions: a. The limits of insurance provided to such premises owner, manager or lessor will be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: 1) "Bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or 2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner. manager or lessor. unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. K. ADDITIONAL INSURED -LESSOR OF LEASED EQUIPMENT The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written contract to name as an additional insured on this Coverage Part is an insured. but only with respect to liability for "bodily injury". "property damage". personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place. or personal injury" caused by an offense that is Page 4 of6 © 2016 The Travelers Indemnity Company. All rights reserved. CG D3 79 0116 committed. after you have signed that written contract; and b. Is caused. in whole or in part. by acts or omissions of you or any person or organization performing operations on your behalf. in the maintenance. operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract. or the limits shown on the Declarations of this Coverage Part. whichever are less; and b. The insurance provided to such equipment lessor does not apply: 1) To any "bodily injury" or "property damage" caused by an "occurrence" that takes place. or "personal injury" caused by an offense that is committed. after the equipment lease expires; or 2) If the equipment is leased with an operator. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor. unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. L. ADDITIONAL INSURED STATE OR POLITICAL SUBDIVISIONS PERMITS RELATING T 0 PREMISES The following is added to Paragraph 2. of SECTION II -WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or occupied by. or rented or loaned to. you. is an insured. but only with respect to "bodily injury", property damage". "personal injury" or advertising injury" arising out of the existence. ownership. use. maintenance. repair. construction. erection or removal of advertising signs. awnings. canopies. cellar entrances. coal holes. driveways. manholes. marquees. hoist away openings. sidewalk vaults. elevators. street banners or decorations for which that state or political subdivision has issued such permit. COMMERCIAL GENERAL LIABILITY M. ADDITIONAL INSURED STATE OR POLITICAL SUBDIVISIONS PERMITS RELATING TO OPERATIONS The following is added to Paragraph 2. of SECTION II -WHO IS AN INSURED: Any state or political subdivision that has issued a permit with respect to operations performed by you or on your behalf is an insured. but only with respect to "bodily injury". "property damage". personal injury" or "advertising injury" arising out of operations performed by you or on your behalf for which that state or political subdivision has issued such permit. However. no such state or political subdivision is an insured for: 1) "Bodily injury". "property damage". "personal injury" or "advertising injury" arising out of operations performed for that state or political subdivision; or 2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". N. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SECTION II -WHO IS AN INSURED: a. Coverage under this provision is afforded only: 1) Until the 180th day after you acquire or form the organization or the end of the policy period. whichever is earlier. if you do not report such organization in writing to us within 180 days after you acquire or form it; or 2) Until the end of the policy period. when that date is later than 180 days after you acquire or form such organizations. if you report such organization in writing to us within 180 days after you acquire or form it. O. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2 .• Duties In The Event of Occurrence, Offense, Claim Or Suit. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above. but only for the purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section 11-Who Is An Insured: CG D3 79 0116 © 2016 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY 1) Notice to us of such "occurrence" or of an offense must be given as soon as practicable only after the "occurrence" or offense is known to you (if you are an individual). any of your partners or members who is an individual (if you are a partnership or joint venture). any of your managers who is an individual (if you are a limited liability company). any of your trustees who is an individual (if you are a trust). any of your "executive officers" or directors (if you are an organization other than a partnership. joint venture. limited liability company or trust). or any employee" (such as an insurance. loss control or risk manager or administrator) authorized by you to give notice of an occurrence" or offense. Knowledge by any other "employee" of an occurrence" or offense does not imply that you also have such knowledge. 2) If you are a partnership. joint venture. limited liability company or trust. and none of your partners. joint venture members. managers or trustees are individuals. notice to us of such occurrence" or offense must be given as soon as practicable only after the occurrence" or offense is known by: a) Any individual who is: i) A partner or member of any partnership or joint venture; ii) A manager of any limited liability company; iii) A trustee of any trust; or iv) An executive officer or director of any other organization; that is your partner. joint venture member. manager or trustee; or b) Any "employee" authorized by such partnership. joint venture. limited liability company. trust or other organization to give notice of an occurrence" or offense. 3) Notice to us of such "occurrence" or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers' compensation. accident. or health insurer. This applies only if you subsequently give notice to us of the occurrence" or offense as soon as practicable after any of the persons described in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under the Coverage Part may apply. P. UNINTENTIONAL OMISSION The following is Representations. COMMERCIAL CONDITIONS: added to Paragraph 6 .. of SECTION IV GENERAL LIABILITY The unintentional omission of. or unintentional error in. any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However. this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY WRITTEN CONTRACT The following is added to Paragraph 8 .. Transfer of Rights of Recovery Against Others to Us. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf. done under a written contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract signed by you prior to loss. R. AMENDED INSURED CONTRACT DEFINITION RAILROAD EASEMENT 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. Page 6 of6 © 2016 The Travelers Indemnity Company. All rights reserved. CG 03 79 0116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA Policy Number: 57 WEC ZU5856 Endorsement Number: Effective Date: 01/31/18 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: WHITLOCK & WEINBERGER DBA W-TRANS 490 MENDOCINO AVE STE 201 SANTA ROSA, CA 95401 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be premium otherwise due on such remuneration. 2 % of the California workers' compensation SCHEDULE Person or Organization ANY PERSON OR ORGANIZATION FROM WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER OF RIGHTS FROM US. Job Description AS REQUIRED BY WRITTEN CONTRACT. Countersigned by __________ ~:---:--__:_:::__--.,.......,.:__ Authorized Representative Form we 040306 (1) Printed in U.S.A. Process Date: 12/09/17 Policy Expiration Date: 01/31/19 POLICY NUMBER: CM18DPL085130IV F. Other Insurance Such insurance as is provided by this policy shall be excess of any other valid and collectible insurance, unless such other insurance is written specifically excess of this insurance by reference in such other policy to the policy number in this policy's Declarations. This policy will not be subject to the terms and conditions of any other insurance. In the event the Insured is also provided insurance by another insurance policy issued for a specific project or projects, this policy will not respond until the limit of liability of such other insurance has been exhausted, regardless if such other insurance is primary, pro-rata, contributory, excess, self-insured, umbrella, contingent or otherwise. G. Subrogation In the event of any payment for claims under this policy, the Company will be subrogated in the amount of such payment to all the Insured's rights of recovery against any person or organization. The Insured will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured will do nothing to prejudice such rights. The Company hereby waives subrogation rights against any Insured under this policy, and also against the Insured's client to the extent that the Insured had, prior to the claim or potential claim a written agreement to waive such rights. H. Changes Notice to any agent of the Company or knowledge possessed by any such agent or by any other person will not effect a waiver or a change in any part of this policy, and will not prevent or preclude the Company from asserting or invoking any right or provision of this policy. None of the provisions of this policy will be waived, changed or modified except by a written endorsement issued by the Company to form a part of this policy. I. Canceliation/Nonrenewal 1. This policy may be cancelled by the Named Insured by returning it to the Company. The Named Insured may also cancel this policy by giving written notice to the Company stating at what future date cancellation is to be effective. 2. The Company may cancel or non-renew this policy by sending written notice to the Named Insured at the address last known to the Company. The Company will provide written notice at least 60 days before cancellation or non-renewal is to be effective. However, if the Company cancels this policy because the Insured has failed to pay a premium when due, this policy may be canceled by the Company by mailing to the Named Insured written notice stating when, not less than 10 days thereafter, such cancellation will be effective. The time of surrender of the policy or the effective date and hour of cancellation stated in the notice will become the end of the policy period. Delivery of such written notice either by the Named Insured or by the Company will be equivalent to mailing. NAV DPL 1001 (0110) Prime ExpresssM Commercial Excess Liability Policy With CrisisResponse® Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and VIklat is and is not covered. Throughout this policy the 'MJrds "you" and "your" refer to the Named Insured shoWl in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The 'MJrds "\/I.e," "us" and "our" refer to the company providing this insurance. The 'MJrd Insured means any person or organization qualifying as such under Section VII. Definitions. Except for headings, 'MJrds that appear in bold print have special meaning. See Section VII. Definitions. In consideration of the payment of the premium and in reliance upon the statements in the Declarations, \/I.e agree to provide coverage as follows: I I. INSURING AGREEMENT -COMMERCIAL EXCESS LIABILITY A. We Il10111 pay on behalf of the Insured those sums in excess of the Retained Limit that the Insured becomes legally obligated to pay as damages by reason of liability imposed by law because of Bodily Injury, Property Damage or Personal Injury and Advertising Injury to VIklich this insurance applies or because of Bodily Injury or Property Damage to VIklich this insurance applies assumed by the Insured under an Insured Contract. Coverage under this Jlolicy Il10111 fQllow the terms, definitions, conditions and exclusions of Scheduled Underlying Insurance, subject to the Policy Period, Limits of Insurance, premium and all other terms, definitions, conditions and exclusions of this policy. Provided, hO\/l.ever, that coverage provided by this policy Il10111 not be broader than the coverage provided by the policy listed in Scheduled Underlying Insurance. The amount \/I.e Il10111 pay for damages is limited as described in Section IV. Limits of Insurance. B. This policy applies, only if: 1. the Bodily Injury or Property Damage is caused by an Occurrence that takes place anyvilere, and the Bodily Injury or Property Damage occurs during the Policy Period; and 2. the Personal Injury and Advertising Injury is caused by an Occurrence that takes place anyvilere arising out of your business, but only if the Occurrence was committed during the Policy Period. C. 1. This policy applies to Bodily Injury or Property Damage, only if prior to the Policy Period, no Insured listed under subparagraphs 2a., 2b., 2c. or 2e. of Paragraph N .. of Section VII, no executive officer or director listed under subparagraph 2d. of Paragraph N. of Section VII. and no employee authorized by you to give or receive notice of an Occurrence, claim or Suit, knew that the Bodily Injury or Property Damage had occurred, in VIklole or in part. If such an Insured, or authorized employee knew, prior to the Policy Period, that the Bodily Injury or Property Damage had occurred, then any continuation, change or resumption of such Bodily Injury or Property Damage during or after the Policy Period Il10111 be deemed to have been knoWl prior to the Policy Period. 2. Bodily Injury or Property Damage VIklich occurs during the Policy Period and was not, prior to the Policy Period, knoWl to have occurred by any Insured listed under subparagraphs 2a., 2b., 2c. or 2e. of Paragraph N. of Section VI!., any executive officer or director listed under subparagraph 2d. of Paragraph N. of Section VII. or any employee authorized by you to give or receive notice of an Occurrence or claim, includes any continuation, change or resumption of that Bodily Injury or Property Damage after the end of the Policy Period. 90269 (11/09) AH2711 Page 1 of 26 2001 Includes copyrighted material of Insurance Services Office, Inc. IMth its permission. SCHEDULE OF UNDERLVlNG INSURANCE Issued to: WHITLOCK & WEINBERGER TRANSPORTATION INC DBA W-TRA NS By: NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. TYPE OF POLICY OR COVERAGE GENERAL LIABILITY AUTO LIABILITY EMPLOYERS LIABILITY EMPLOYEE BENEFITS LIABILITY UNDSCH (5/99) AH0006 INSURER, POLICY NO. AND POLICY PERIOD Travelers Property Casualty Co of Amer 01/31/18 01/31/19 Travelers Property Casualty Co of Amer 01/31/18 01/31119 Hartford Casualty Insurance Company 57WECZU5856 12/31/18 12/31/19 Travelers Property Casualty Co of Amer 57SBABE4174 01/31118 01/31/19 Policy Number: EBU 035886230 LIMITS 2,000,000 PER OCCURRENCE 4,000,000 GENERAL AGGREGATE 4,000,000 PRODUCTS & COMPLETED OPS. AGGREGATE 4,000,000 PER PROJECT GENERAL AGGREGATE 4,000,000 PER LOCATION GENERAL AGGREGATE 12,000,000 PER LOCATION AGGREGATE CAP Defense Expenses are in addition to the limit 1,000,000 COMBINED SINGLE LIMIT Defense Expenses are in addition to the limit 1,000,000 BODILY INJURY BY ACCIDENT 1,000,000 BODILY INJURY BY DISEASE(EACH EMPLOYEE) 1,000,000 BODILY INJURY BY DISEASE(POLICY LIMITS) Defense Expenses are in addition to the limit 2,000,000 PER EMPLOYEE 2,000,000 AGGREGATE Defense Expenses are in addition to the limit Transmittal Date: April 6, 2018 Project: SRA134 To: Ms. Lauren Davini City of San Rafael 111 Morphew Street San Rafael, CA 94915 415) 485-3361 From: Corinne Rasmussen crasmussen@w -trans.com Transmitted: Three (3) signed copies of the Agreement for Professional Services with W-Trans for Engineering Services One insurance certificate covering the Engineering & Traffic Surveys project Please return a copy of the fully executed agreement for our records. Thank you! RECEI~ED APR 1 0 2018 PUBLIC WORKS DEPT. :\. em OF SAN RAfAEL 490 Mendocino Avenue, Suite 201 Santa Rosa, CA 95401 707.542.9500 w-trans.com SANTA ROSA· OAKLAND· SAN JOSE CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Department of Public Works Project Manager: Charmine Solla Extension: x3473 Project Name: 2018 Engineering and Traffic Surveys (E&TS) Contractor Name: W-Trans Contractors Contact: Dalene Whitlock Contact's Email: dwhitlock@ w-trans.com Step RESPONSIBLE DESCRIPTION DEPARTMENT 1 Project Manager a. Email PINS Introductory Notice to Contractor b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael,org 2 City Attorney a. Review, revise, and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to contractor for their signature 4 Project Manager When necessary, * contractor-signed agreement agendized for Council approval P5A > $20,000; or Purchase> $35,000; or Public Works Contract> $125,000 Date of Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds for Public Works Contracts) 8 City Manager / Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager COMPLETED DATE Click here to enter a date. 3/30/2018 4/2/2018 4/2/2018 D N/A Or 4/16/2018 l.J /,'1 J /'fr I //'1/I~ L1 /~/{F( 1 4\1.,~1 ,~ REVIEWER Check/Initial IZl CS IZl LAG IZl LAG D CS IZl CS D CS r )1 fI&