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HomeMy WebLinkAboutCC Resolution 14081 (Queue Cutter Improvement Project)RESOLUTION NO. 14081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AWARDING A CONSTRUCTION CONTRACT FOR THE TAMALPAIS AVENUE QUEUE CUTTER IMPROVEMENT PROJECT, CITY PROJECT NO. 11272, TO GHILOTTI BROS., INC., IN THE AMOUNT OF $1,247,146, AND APPROPRIATING AN ADDITIONAL $273,000 OF TRAFFIC MITIGATION FUNDS WHEREAS, on the 181h day of February, 2016, pursuant to due and legal notice published in the manner provided by law, inviting sealed bids or proposals for the work hereinafter mentioned, as more fully appears from the Affidavit of Publication thereof on file in the office of the City Clerk of the City of San Rafael, California, the City Clerk of said City did publicly open, examine, and declare all sealed bids or proposals for doing the following work in said City, to wit: "Tamalpais Avenue Queue Cutter Improvement Project" City Project No. 11272 In accordance with the plans and specifications therefore on file in the office of said City Clerk; and WHEREAS, the bid of Ghilotti Bros., Inc., at the unit prices stated in its bid was and is the lowest and best bid for said work and said bidder is the lowest responsible bidder. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The bid of Ghilotti Bros., Inc., is hereby accepted at said unit prices and the contract for said work and improvements is hereby awarded to Ghilotti Bros., Inc., at the unit prices mentioned in said bid. 2. The City Manager and the City Clerk of said City are authorized and directed to execute a contract with Ghilotti Bros., Inc., in a form approved by the City Attorney, for said work and to return the bidder's bond upon the execution of said contract. 3. Funds totaling $273,000 will be appropriated for City Project No. 11272, from Traffic Mitigation Fund #246. 4. The City Manager is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 7th day of March, 2016 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ESTHER C. BEIRNE, City Clerk File No.: 18.01.81 City of San Rafael ♦ California Form of Contract Agreement For Tamalpais Avenue Queue Cutter Improvements Project City Project No. 11272 This Agreement is made and entered into this '17W day of H#4,ei!�44 by and between the City of San Rafael (hereinafter called "City") and Ghilotti Bros., Inc., (hereinafter called "Contractor"). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: I - Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the plans and specifications for the project entitled: Tamalpais Avenue Queue Cutter Improvements Project, City Project No. 11272, all in accordance with the Specifications and Contract Documents dated January 2016, which are hereby made a part of this Agreement. lI- Time of Completion (a) The work to be performed under this Contract shall be commenced within FIVE (5) WORKING DAYS after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within SIXTY (60) WORKING DAYS and with such extensions of time as are provided for in the General Provisions. Ill - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,900 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY I' Mobilization I LS n $30,000 — $30,000 2. Signs and Traffic Control I LS (a), $150,000 — $150,000 3' Clearing and Grubbing 1 LS $213,665 $213,665 4. Minor Concrete — Minor Structures a. Type A Curb and Gutter 570 LF a $68 — $38,760 b. 4 -inch Thick PCC Sidewalk (Type A/13) - Gray 2,600 SF $24 — $62,400 c. 4 -inch Thick PCC Sidewalk (Type A/B) - 2,400 SF $20 — $48,000 Colored d. 6 -inch Thick PCC Driveway - Gray 30 SF (a), $40 — $1,200 ��pl Page 1 of 4 `p� k! �p� HEgF N4 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE 6 Thick PCC Driveway Colored 100 SF $34 — $3,400 e. -inch - (a), f. 6" Tall Retaining Curb 70 LF n $75 — $5,250 g. Type E Catch Basin 2 EA (a), $5,150 — $10,300 h. Remove and Reset Brick Pavers 75 SF I $22 = $1,650 5. Hot Mix Asphalt 460 TON $250 — $115,000 6. Storm Drain Pipe a. 12" PVC (SDR -26) 50 LF $420 — $21,000 b. Sidewalk Underdrain (3" PVC) I EA no, $1,001 — $1,001 7. Adjust Existing Facilities to Grade 3 EA $1,250 $3,750 a. Adjust City SD Manhole Cover , = b. Install Sewer Cleanout Box and Cover I EA n $989 = $989 c. Basement Access Door I EA . $5,000 — $5,000 8. Electrical Systems a. 4`h and Tamalpais Queue Cutter Signal 1 LS $163,000 — $163,000 b. 5`h and Tamalpais Queue Cutter Signal 1 LS �� $175,000 = $175,000 c. Mission and Tamalpais Queue Cutter Signal 1 LS 1 $162,000 1 — 1 $162,000 9. Roadside Signs a. Install New Sign on Existing Pole 3 EA n$100 = $300 b. Remove and Reinstall Wayfinding Sign 1 EA $150 = $150 c. Install New Sign on New Post 3 EA $250 = $750 d. Relocate Existing Sign to Existing Pole 11 EA $40 = $440 10. Traffic Stripes and Pavement Markings a. Pavement Markings 2,000 SF $3.25 — $6,500 b. Detail 22 850 LF a $1.50 — $1,275 c. Paint Curb Red 900 LF $1.50 I — I $1,350 d. 4" White Stripe 4 LF $4 I — $16 11. Landscape Improvements a. Install Tree in Tree Well 5 I EA a,1 $5,000 = $25,000 GRAND TOTAL BID $1,247,146.00 Page 2 of 4 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer so certifies, the City shall, upon certificate of the Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. VII - Assignment of Warranties; Waiver of Subrogation (a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by or reasonably obtainable from the manufacturers or 'suppliers of equipment, material or fixtures that Contractor has installed or provided in connection with the work performed under this Agreement. (b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the insurer's payment to Contractor or its subcontractors of any insured loss with respect to work performed under this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City's benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation. Specifically, any worker's compensation insurance policies of the Contractor or its subcontractors shall be endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its Page 3 of 4 subcontractors under this Agreement, and copies of such endorsements shall be provided to City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: Esther C. Beirne(Itiv Sc rte City Clerk M.ager APPROVED AS TO FORM: �.. .a _ 4 �V�1✓ Robert F. Epstein City Attorney File No.: 18.01.81 Page 4 of 4 GHILOTTI BROS., INC. jaA1�� i�J/f��Title: -i-Achael M. Ghilotti President/Treasurer Bond Executed in Duplicate Bond No. 9211258 FAITHFUL PERFORMANCE BOND PUBLIC WORK (The premium charged on this bond is $ 7,214.00 being at the rate of t 100,000 @ 7.94/m per thousand of the contract price) next $400,000 @ 6.00/m, next $747,146 @ 5.38/m KNOW ALL MEN BY THESE PRESENTS: THAT, WHEREAS the City of San Rafael State of California, entered into a contract dated March 7th 2016 , with Ghilotti Bros., Inc. hereinafter designated as the "Principal," for the work described as follows: Tamalpais Avenue Queue Cutter Improvements Project City Project No. 11272 and WHEREAS, the said Principal is rcquir;.d under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, We, the Principal, and Fidelity and Deposit Company ofIviary•land . a corporation organized and existing under the laws of the State of Maryland , and duly authori/ed to transact business under the laws of the State of California, as Surety, are held and firmly bound unto City of San Rafael in the penal sum of One Million Two Hundred Forty Seven Thousand One Hundred Forty Six & 00/100 --Dollars ($ 1,247,146.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, if the above bounden Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according, to their true intent and meaning, and shall indemnify and save harmless the City of San Rafael its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, We have hereunto set our hands and seals this 7th day of March 2016 PRF71001 CA0201 f Ghilotti Bros., Inc. Principal By Michael M. Ghilotti, President/Treasurer Fidelity and Deposit Company of Maryland By �LC f 4 4L&I— Kelly Holtemann Attorney -in -Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ��4'-...-..-...-...-..:'.-.-+...Ft2M..c�(`.c�!-`.M.cYSc-x`.c-:!`.c�.M<?!`.c�(`.c�(.`�!`.c-:l`c�[`c-v:�:lac-.!`i�(`�i-:Cmc•�hTx!!cl��xl.�c�hh�L��-tai-l�F!".a-!!cN.cri�. ^�.S A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Marin ) On March 23, 2016 before me, Renee Powers, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael M. Ghilotti Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/eFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/#ger/t:h& authorized capacity(ies), and that by his/bw/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OMYRENEE POWERS d COMM. #2119041 z Notary Public - California oz Marin County m Comm. Expires JulX 11, 2019 i Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WIT my hand icial seal. r Sign u Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Docum ate: Number of Pages: Signer(s) Other T=Signer's Capacity(ies) Claimed by Signer(s) Signer's Name: e: ❑ Corporate Officer — Title(s): / ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ Gene El Partner — ❑Limited t General ❑ Individual ❑ Attorngy-K Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ dian or Conservator ❑ Trustee El Guardian or Conservator El Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :c�r�e�ocrtic„>uc,�eor�ss��e��rcrc-e�r�r-,�rcr.�,�ccry.c��rcr.�r,�.�r�rec�rs�.,rr,�c��cc�r„s�-.�e�s A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of Marin On March 7th, 2016 before me, J. DeLuca, Notary Public Date Here Insert Name and Title of the Officer personally appeared Kelly Holtemann Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/ar� subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. My COMM- Expires October 24, 2016 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand andy official seal. Signature - Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document D Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: gner's Name: LJ Corporate Officer — Title(s): LJ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑ General ❑ Partner — ❑ Limited ElGeneral ❑ Individual LJ Attorne ' act ❑ Individual ElAttorney in Fact 171 Trustee tan or Conservator ElTrustee FJ Guardian or Conservator ElOther: ❑ Other: Signer I presenting: Signer Is Representing: � •CIX'G�f�.�-[G�Z.��/Tr�+Cr�VWWNWwWWY:.LWw`w"Vt-'V`-VnWri".VWl'fvY'VYfVTSY�IY�LCIQ WVWW �V4:IV SVS"VL.VTJV1=.VSV1/V 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 J. DELUCA *r D COMM. #1993570 �y.•• NOTARY PUBLIC -CALIFORNIA O MARIN COUNTY My COMM- Expires October 24, 2016 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand andy official seal. Signature - Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document D Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: gner's Name: LJ Corporate Officer — Title(s): LJ Corporate Officer — Title(s): ❑ Partner — ❑Limited ❑ General ❑ Partner — ❑ Limited ElGeneral ❑ Individual LJ Attorne ' act ❑ Individual ElAttorney in Fact 171 Trustee tan or Conservator ElTrustee FJ Guardian or Conservator ElOther: ❑ Other: Signer I presenting: Signer Is Representing: � •CIX'G�f�.�-[G�Z.��/Tr�+Cr�VWWNWwWWY:.LWw`w"Vt-'V`-VnWri".VWl'fvY'VYfVTSY�IY�LCIQ WVWW �V4:IV SVS"VL.VTJV1=.VSV1/V 02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond Executed in Duplicate PAYMENT BOND PUBLIC WORK Section 3247-3252 inclusive, Civil code) (Premium included in Faithful Performance Bond) KNOW ALL MEN BY THESE PRESENT: That, Whereas Bond No. 9211258 Premium: Included City of San Rafael has awarded to Ghilotti Bros., Inc. as Principal, a contract for the work described as follows: Tamalpais Avenue Queue Cutter Improvements Project, City Project No. 11272 AND WHEREAS, said Principal is required ad to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law: NOW, THEREFORE, We the undersigned Principal and Surety are held and firmly bound unto the City of San Rafael in the amount required by law, the sum of One Million Two Hundred Forty Seven Thousand One Hundred Forty Six & 00/100 -- Dollars ($ 1,247,146.00 ) for which payment well and truly be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That if said Principal, his or its heirs, executors, administrators, successors or assigns, or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment's Insurance Act with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over the Employment Development Department from the wages of employees of the principals and his subcontractors pursuant to section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the Surety or Sureties herein will pay for the same in the amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the said surety will pay a reasonable attorney's fee to be fixed by the court. PAY71001 CA0202f In witness Whereof, We have hereunto set our hand and seals this 7th day of March 2016 Ghilotti Bros., Inc. Principal By: Michael M. Ghilotti, President/ Treasurer Fidelity and Deposit Company of Maryland By: Kelly Holtendann , Attorney -In -Fac[ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 _ _ _ _ _ _ a�t�F!`c�f`c�!`�1�a=K.�-P�-PFS!`�-l!��(`�=l`�fc!!i-Y`ie!`a-C�<-!-�i-K���K`c-.P`(`.�=�!`F-IAF(`F!`F!`�-r^�i=�l�i=�l�iY�c•!`cl`i-!`�f`�^!.`� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Marin ) On March 23, 2016 before me, Renee Powers, Notary Public Date Here Insert Name and Title of the Officer personally appeared Michael M. Ghilotti Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/eFe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/#ger/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. dRENEE POWERS d w �.. COMM. #2119041 z o _-• .Notary Public - California o Cr" .y . Marin County m 1 My Comm. Expires July 11,_201 9 i Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITN and and official seal. r Signature LQ� J Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: / Corporate Officer — Title(s): / ❑ Partner — ❑ Limited C G nck'a1 ❑ Individual ; Aft y in Fact ❑ Trustee uardian or Conservator ❑ Other: Signer Representing: Date: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �1.www-cwwwwwwwwww�-cwwww�cw�c.�cww�c.�c,�c�c,�c,�c.�c,�-�,`w�c.�c.�c.�v�cw�;�c�c�cww� 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 :r.�ai:=.c�r,�rtr�s�:.occ -,�r�csr�r-.cr.�r.�rti.acs,+,;arsercr,4rarc-ccrcc;�r�r,�r.+ur�ae�r��r-,�r� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the I document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Califomia County of Marin On March 7th, 2016 before me, J. DeLuca, Notary Public Date Here Insert Name and Title of the Officer personally appeared Kelly Holtemann Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&) whose name(s) is/ar-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWher/t'h6r authorized capacity(les), and that by his/her/#i& signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. My Comm. Expires October 24, 2016-L Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ll Corporate Officer — Title(s): ❑ Partner — ❑ Limited General ❑ Individual ❑ Attorne • act ❑ Trustee ian or Conservator ❑ Other: Signer I presenting: miner's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 COMM.#1993570 NOTARY PUBLIC -CALIFORNIA MARIN COUNTY O My Comm. Expires October 24, 2016-L Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Document Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Ll Corporate Officer — Title(s): ❑ Partner — ❑ Limited General ❑ Individual ❑ Attorne • act ❑ Trustee ian or Conservator ❑ Other: Signer I presenting: miner's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Kelly HOLTEMANN and Joan DELUCA, both of San Francisco, California, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 19th day of October, A.D. 2015. ATTEST: i, � "-), 1121�11� Secretao, Eric D. Barnes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND cwl'p) ��c o[ros� �ji►wnsli a ~you*� Vice PresidentY Thomas O. McClellan State of Maryland County of Baltimore On this 19th day of October, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. ` q��„ iiiii�` `'• Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA -F 016-0949H EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attomevs-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE 1, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. Ik,TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this _._� day of �Mt cr l 20AICL. �O811AL .w. Michael Bond, Vice President A� ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Megan Montano Woodruff -Sawyer & Co. PHONEmac_ No,: 415-989-9923 50 California Street, Floor 12 IA/C. Nn F,,• 415-391-2141 San Francisco CA 94111 A ,, ,,,.mmontano@wsandco.com DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) GBI Job #16403, Tamalpias Ave. Queue Cutter Improvements Project. The City of San Rafael and Sonoma -Marin Area Rail Transit (SMART), its electrive and appointive Boards, Commissions, Officers, Agents and Employees are additional insured for General Liability per HG 00 01 060 05. Coverage is Primary and Non-contributory per form HIS 00 0106 05 attached. Excess liability/umbrella coverage is written on a following form basis. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Rafael, ACCORDANCE WITH THE POLICY PROVISIONS. its, officers, employees, agents and volunteers 111 Morphew Street AUTHORIZED REPRESENTATIVE San Rafael CA 94915 I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Hartford Fire Insurance Company 19682 INSURED GHILBRO-01 INSURERB:Starr Indemnity & Liability Company 38318 Ghilotti Bros, Inc. I INSURERC:Steadfast Insurance Company 26387 525 Jacoby Street I San Rafael CA 94901 INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 100335232 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'AUUL 5U6Ft LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DWYYYY� (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY Y 57UENQT9730 10/1/2015 10/1/2016 52,000,000 CLAIMS -MADE ED OCCUR DAMA_e%RENTED I PREMISES (Ea occurrencel $300,000 MED EXP (Any one person) 510,000 PERSONAL & ADV INJURY 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 54,000,000 PRO - [�] F7 I PRODUCTS - COMP/OP AGG 54,000,000 POLICY ECT LOC OTHER $ A AUTOMOBILE LIABILITY 57UENQT9729 10/1/2015 10/1/2016 UUMBINEDJINGLEDMIf 51000,000 (Ea accident) X ANY AUTO BODILY INJURY (Per person) 5 ALL OWNED SCHEDULED BODILY INJURY (Per acadenl) 5 AUTOS NON -OWNED PROPERTY DAMAGE $ I H:RED AUTOS AUTOS (Per accident) 5 B UMBRELLA LIAB NXOCCUR 1000022133 10/1+2015 10/1/2016 EACH OCCURRENCE 52,000,000 X EXCESS LIAR CLAIMS -MADE AGGREGATE S2,000,000 DED I I RETENTIONS S A WORKERS COMPENSATION 57WEQT9728 10/1/2015 10/1/2016 X I STATUTE I I ERH AND EMPLOYERS' LIABILITY Y❑ ANY PROPRIETOR/PARTNER/EXECUTIVE N / A I E.L. EACH ACCIDENT 51,000,000 OFFICER/MEMBER EXCLUDED? I (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE 51,000,000 If yes, describe under DESCRIPTIONOFOPERATIONS below E.L DISEASE -POLICY LIMIT $1,000,000 C Railroad Protective SCO019175600 4/18/2016 4/18/2017 $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) GBI Job #16403, Tamalpias Ave. Queue Cutter Improvements Project. The City of San Rafael and Sonoma -Marin Area Rail Transit (SMART), its electrive and appointive Boards, Commissions, Officers, Agents and Employees are additional insured for General Liability per HG 00 01 060 05. Coverage is Primary and Non-contributory per form HIS 00 0106 05 attached. Excess liability/umbrella coverage is written on a following form basis. Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of San Rafael, ACCORDANCE WITH THE POLICY PROVISIONS. its, officers, employees, agents and volunteers 111 Morphew Street AUTHORIZED REPRESENTATIVE San Rafael CA 94915 I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Insured: Ghilotti, Bros., Inc. Policy #: 57 UEN QT9730 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; Page 10 of 18 HG 00 01 06 05 (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. c. Lessors of Land or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers or Surveyors (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or e' containing such products. b. Lessors of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit, With respect to the insurance afforded. these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". HG 00 01 06 05 Page 11 of 18 f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations; (2) In connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section III — Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Most We will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one 'occurrence". 6. Damage To Premises Rented To You Limit 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 any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 Insured: Ghilotti, Bros., Inc. Policy #: 57 LIEN QT9730 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builders Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability; (5) Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or Page 14 of 18 (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. HG 00 01 06 06 m Disclosure Statement ZURICH It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER: WE REQUIRE THAT YOU TRANSMIT THE ATTACHED/ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again, thank you for your interest, and we look forward to meeting your needs and those of your customers. U -GU -873-A CW (06/11) Pagel of 1 Disclosure Statement ZURICH NOTICE OF DISCLOSURE FOR AGENT & BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit: http://www.zurichnaproducercompensation.com or call the following toll-free number: (866) 903-1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U -GU -874-A CW (06/11) Page 1 of 1 Important Notice to Policyholders QD ZURICH The address for the headquarters of Zurich North America will change after August 1, 2016 due to a relocation of our office in the same city. The new address is: Customer Inquiry Center Zurich North America 1299 Zurich Way Schaumburg, IL 60196 1-800-382-2150 For specific questions regarding your policy, please contact your agent or broker. For other questions, you may contact the Customer Inquiry Center of Zurich North America. Any references to post office boxes previously provided remain unchanged. U -GU -1194-A CW (08/15) Page 1 of 1 Insured Name: SONOMA MARIN AREA RAIL TRANSIT Policy Number: SCO 0191756-00 Effective Date: 04/18/2016 ZURICH THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE* Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA: Not Applicable - Terrorism Exclusion *Any information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act ("TRIA"), as amended, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit, if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5% from 85% to 80% over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share: January 1, 2015 — December 31, 2015 federal share: 85% January 1, 2016 — December 31, 2016 federal share: 84% January 1, 2017 — December 31, 2017 federal share: 83% January 1, 2018 — December 31, 2018 federal share: 82% January 1, 2019 — December 31, 2019 federal share: 81% January 1, 2020 — December 31, 2020 federal share: 80% C. Disclosure of $100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed $100 billion in a calendar year (January 1 through December 31) and an insurer has met its deductible under the program, that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Availability As required by TRIA, we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms, amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Copyright © 2015 Zurich American Insurance Company U -GU -630-D CW (01/15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 E. Definition of Act of Terrorism under TRIA TRIA defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act ("TRIA"), to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism: 1. To be an act of terrorism; 2. To be a violent act or an act that is dangerous to human life, property or infrastructure; 3. To have resulted in damage within the United States, or outside of the United States in the case of an air carrier (as defined in section 40102 of Title 49, United States Code) or a United States flag vessel (or a vessel based principally in the United States, on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), or the premises of a United States mission; and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress (except for workers' compensation) or if losses resulting from the act, in the aggregate for insurance subject to TRIA, do not exceed $5,000,000. Copyright © 2015 Zurich American Insurance Company U -GU -630-D CW (01/15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Railroad Protective Liability Declarations J ZURICH Steadfast Insurance Company Dover, Delaware Administrative Offices - 1400 American Lane Schaumburg, Illinois 60196-1056 Policy Number: SCO 0191756-00 Item 1. Named Insured and Mailing Address: SONOMA MARIN AREA RAIL TRANSIT 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 Renewal of Number: ----- Producer: ---- Producer: WOODRUFF -SAWYER & CO. 50 CALIFORNIA ST FL 12 SAN FRANCISCO, CA 94111-4646 Item 2. Policy Period: From: 04/18/2016 To: 04/18/2017 12:01 A.M. Standard time at the address of the first Named Insured shown above. (Both days inclusive.) Item 3. Designated Contractor: Ghilotti Brothers, Inc. Mailing Address: 525 Jacoby Street, San Rafael, CA 94901 Item 4. Name and Address of Involved Governmental Authority to Other Contracting Party: City of San Rafael Department of Public Works 111 Morphew Street, San Rafael, CA 94901 Item 5. Location of Covered Operations: Tamalpais Avenue, in the area between Laurel Place and 3rd Street, San Rafael, CA Item 6. Limits of Insurance: $2,000,000 Each Occurrence $6,000,000 Policy Aggregate Item 7. Business Description: Form of Business: CORPORATION Item 8. Description of Operation: Project #11272. Ground level work including utility line parallel or adjacent to the RR Tracks Item 9. Premium: $9,371 Fully Earned at Inception Classification Code No. Premium Basis Rate of Adjustment 40012 Railroad Protective Liab -(RR is FLAT named insd) -Construction Ops (RR) -Ops for Interests Other than RR Total Advance Premium $9,371 Item 10. Forms and Endorsements: See Attached Schedule of Forms and Endorsements STF-RRP-D-106-B CW (10/08) Page 1 of 1 Schedule Of Forms And Endorsements Policy No. Eff. Date of Pol. Exp. Date of Pol SCO 0191756-00 04/18/2016 04/18/2017 Named Insured and Mailing Address: SONOMA MARIN AREA RAIL TRANSIT 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 ZURICH Eff. Date of End. Producer Add'I Prem. 04/18/2016 70724000 ---------- Producer: WOODRUFF -SAWYER & CO. 50 CALIFORNIA ST FL 12 SAN FRANCISCO, CA 94111-4646 This endorsement modifies insurance provided by the following: Return Prem. Signed by: C�u�aaxrid_2(J•E''_�,,,, 03/24/2016 Authorized Representative Date STF-GU-647-A CW (10/09) Pagel of 1 Endorsement Form Number Number Form Name STF-GU-199-B (01/09) Important Notice - Service of Suit and In Witness Clause U -GU -630-D CW (01/15) Disclosure of Important Information Relating to Terrorism Risk Insurance Act STF-RRP-D-106-B CW (10/08) Railroad Protective Liability Policy STF-RRP-106-A CW (10/08) Railroad Protective Liability Coverage Form STF-GU-657-A CW (01/11) 01 Exclusion of Certified Acts of Terrorism and Other Acts of Terrorism STF-CGL-1516-A CW (06/09) 02 Evacuation And Evacuation Expenses - Inclusion STF-RRP-124-B CW (10/08) 03 Employment Practices Liability - Exclusion STF-RRP-125-B CW (10/08) 04 Pollution Exclusion Amendment STF-RRP-205-A CW (10/08) 05 Limited Seepage, Pollution and Contamination Coverage Endorsement STF-RRP-223-A CW (10/08) 06 Asbestos Exclusion Endorsement STF-GU-643-A CW (09/08) 07 Nuclear Energy Liability Exclusion Endorsement (Broad Form) STF-SLA-100-A CA (10/08) Notice to Policyholders U -GU -1191-A CW (03/15) 08 Sanctions Exclusion Endorsement Signed by: C�u�aaxrid_2(J•E''_�,,,, 03/24/2016 Authorized Representative Date STF-GU-647-A CW (10/09) Pagel of 1 Railroad Protective Liability Coverage Form ZURICH Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organization qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V). SECTION I - COVERAGES COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend any "suit" seeking those damages. We may at our discretion investigate any occurrence and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSURANCE (Section III); and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS - COVERAGE A. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" occurs during the policy period; and (2) The "bodily injury" or "property damage" arises out of acts or omissions at the "job location", which are related to or are in connection with the "work" described in the Declarations. c. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages assumed in a contract or agreement that is a "covered contract". c. Completed Work "Bodily injury" or "property damage" occurring after the "work" is completed. The "work" will be deemed completed at the earliest of the following times: (1) When all the "work" called for in the "contractor's contract has been completed. STF-RRP-106-A CW (10/08) Page 1 of 7 (2) When all the "work" to be done at the "job location" has been completed. (3) When that part of the "work" done at the "job location" has been put to its intended use by you, the governmental authority or *other contracting party. This exclusion does not apply to "bodily injury" or "property damage" resulting from the existence of or removal of tools, uninstalled equipment or abandoned or unused materials. d. Acts or Omissions of Insured "Bodily injury" or "property damage", the sole proximate cause of which is an act or omission of any insured other than acts or omissions of any of "your designated employees". This exclusion does not apply to injury or damage sustained at the "job location" by any of "your designated employees" or employee of the "contractor", or by any employee of the governmental authority or any other contracting party (other than you) specified in the Declarations. e. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. This exclusion does not apply to any obligation of the insured under the Federal Employers Liability Act, as amended. f. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at or from the "job location". (1) Due to the past or present use of the "job location" by you or for you or others for the handling, storage, disposal, processing or treatment of waste; or (2) Due to the dumping or disposal of waste on the "job location" by the "contractor" with the knowledge of you or any of "your designated employees"; or (3) On which you or "contractors" working directly or indirectly on any insured's behalf are performing operations. (a) If the pollutants are brought on or to the "job location" in connection with such operations by such insured, contractors or subcontractor; or (b) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraph (3) (a) does not apply to "bodily injury" or "property damage" arising out of heat, smoke, or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. g. Damage to Owned, Leased or Entrusted Property "Property damage" to property owned by you or leased or entrusted to you under a lease or trust agreement. COVERAGE B - PHYSICAL DAMAGE TO PROPERTY 1. Insuring Agreement We will pay for "physical damage to property" to which this insurance applies. The "physical damage to property" must occur during the policy period. The "physical damage to property" must arise out of acts or omissions at the "job location" which are related to or in connection with the "work" described in the Declarations. The property must be owned by or leased or entrusted to you under a lease or trust agreement. 2. Exclusions This insurance does not apply to "physical damage to property": a. Completed Work STF-RRP-106-A CW (10/08) Page 2 of 7 Occurring after the "work" is completed. The "work" will be deemed completed at the earliest of the following times: (1) When all the "work" called for in the "contractor's contract has been completed. (2) When all the "work" to be done at the "job location" has been completed. (3) When the part of the "work" done at the "job location" has been put to its intended use by you, the governmental authority or other contracting party. This exclusion does not apply to "physical damage to property" resulting from the existence of tools, uninstalled equipment or abandoned or unused materials. b. Acts or Omissions of Insured The sole proximate cause of which is an act or omission of any insured other than acts or omissions of any of "your designated employees". c. Nuclear Incidents or Conditions Due to nuclear reaction, nuclear radiation or radioactive contamination or to any related act or condition. d. Pollution Due to the discharge, dispersal, seepage, migration, release or escape of pollutants excluded under exclusion f., Coverage A. SUPPLEMENTARY PAYMENTS - COVERAGE A We will pay, with respect to any claim or "suit" we defend: 1. All expenses we incur. 2. All costs taxed against the insured in the "suit". 3. All interests on the full amount of any judgment accrues after entry of the judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. 4. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 5. Expenses incurred by the insured for first aid to others at the time of an accident, for "bodily injury" to which this insurance applies. 6. All reasonable expenses, incurred by the insured at our request to assist us in the investigation or defense of claim or "suit" including actual loss of earnings up to $100 a day because of time off from work. 7. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. These payments will not reduce the limits of insurance. SECTION II -WHO IS AN INSURED 1. You are an insured. 2. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers and directors. 3. Your stockholders are insureds, but only with respect to their liability as stockholders. 4. Any railroad operating over your tracks is an insured. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organization making claims or bringing "suits". STF-RRP-106-A CW (10/08) Page 3 of 7 2. The Aggregate Limit is the most we will pay for the sum of all damages because of all "bodily injury", all "property damage" and all "physical damage to property". 3. Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of all damages because of all "bodily injury", all "property damage" and all "physical damage to property" arising out of any one occurrence. 4. Subject to 3. above, the payment for "physical damage to property" shall not exceed the lesser of: a. the actual cash value of the property at the time of loss; or b. the cost to repair or replace the property with other property of like kind or quality. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - CONDITIONS A. The following Conditions apply to Coverages A and B: 1. Assignment Assignment of interest under this Coverage Part shall not bind us unless we issue an endorsement consenting to the assignment. 2. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 3. Cancellation a. You may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to you, the "contractor" and any involved governmental authority or other contracting party designated in the Declarations, at the respective mailing addresses last known to us, written notice of cancellation at least 60 days before the effective date of cancellation. c. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. d. If this policy is cancelled, any unearned premium will be refunded. If we cancel, the refund will be pro rata. If you cancel, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. e. If notice is mailed, proof of mailing will be sufficient proof of notice. 4. Changes This policy contains all the agreements between you and us concerning the insurance afforded. You are authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 5. Inspections And Surveys We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and C. Recommend changes. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. STF-RRP-106-A CW (10/08) Page 4 of 7 This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 6. Other Insurance The insurance afforded by this policy is: a. Primary insurance and we will not seek contribution from any other insurance available to you except if the other insurance is provided by a contractor other than the designated contractor for the same operation and "job location'; and b. If the other insurance is available, we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. 7. Premium And Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Contract cost, the premium base shown in the Declarations, means the total cost of the operations described in the Declarations. c. The premium shown in the Declarations as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the contractor designated in the Declarations. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the contractor designated in the Declarations. In no event shall the payment of premium be your obligation. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. B. The following Conditions apply to Coverage A only: 1. Legal Action Against Us No person or organization has a right under this policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 2. Duties In The Event Of Occurrence, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim. To the extent possible, notice should include: (1) How, when and where the occurrence took place; (2) The names and addresses of any injured persons witnesses; and STF-RRP-106-A CW (10/08) Page 5 of 7 (3) The nature and location of any injury or damage arising out of the occurrence. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation settlement or defense of the claim or "suit"; and (4) Assist us, upon our request, in this endorsement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for the first aid, without our consent. 3. Separation of Insureds Except with respect to the Limits of Insurance this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. C. The following Conditions apply to Coverage B only: 1. Appraisal If you fail to agree with us on the value of the property, or the amount of loss, either you or we may make written demand for an appraisal of the loss within sixty (60) days after proof of loss is filed. In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the value of the property and the amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we still retain our right to deny the claim. 2. No Benefit To Bailee No person or organization, other than you, having custody of the property will benefit from this insurance. 3. Insured's Duties In The Event Of A Loss You must: a. Protect the property, whether or not the loss is covered by this policy. Any further loss due to your failure to protect the property shall not be recoverable under this policy. Reasonable expenses incurred in affording such protection shall be deemed to be incurred at our request; and b. Submit to us, as soon after the loss as possible, your sworn proof of loss constraining the information we request to settle the loss and, at our request, make available the damaged property for examination. 4. Legal Action Against Us No person or organization has a right under this policy to sue us on this policy unless all of its terms have been fully complied with and until 30 days after proof of loss is filed and the amount of loss is determined as provided in this policy. STF-RRP-106-A CW (10108) Page 6 of 7 5. Payment Of Loss We may pay for the loss in money, but there can be no abandonment of any property to us. SECTION V - DEFINITIONS 1. 'Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 2. "Contractor" means the contractor designated in the Declarations and includes all subcontractors working directly or indirectly for that "contractor" but does not include you. 3. "Covered contract' means any contract or agreement to carry a person or property for a charge or any interchange contract or agreement respecting motive power, or rolling stock equipment. 4. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 5. "Job location" means the job location designated in the Declarations including any area directly related to the "work" designated in the Declarations. "Job location" includes the ways next to it. 6. "Physical damage to property" means direct and accidental loss of or damage to rolling stock and their contents, mechanical construction equipment or motive power equipment, railroad tracks, roadbeds, catenaries, signals, bridges or buildings. 7. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. 8. "Suit' means a civil proceeding in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 9. "Work" means work or operations performed by the "contractor" including materials, parts or equipment furnished in connection with the work or operations. 10. "Your designated employee" means: a. Any supervisory employee of yours at the "job location"; b. Any employee of yours while operating, attached to or engaged in work trains or other railroad equipment at the "job location" which are assigned exclusively to the "contractor"; or c. Any employee of yours not described in a. or b. above who is specifically loaned or assigned to the work of the "contractor" for the prevention of accidents or protection of property. STF-RRP-106-A CW (10/08) Page 7 of 7 Endorsement # 01 Exclusion of Certified Acts of Terrorism and Other Acts of Terrorism Pol'cy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer sl 0 0191756-00 04/182016 04/18/2017 04/18/2016 70724000 QD ZURICH Add9 Prem. I Return Prem. Named Insured and Mailing Address: Producer: SONOMA MARIN AREA RAIL TRANSIT WOODRUFF -SAWYER & CO. 5401 Old Redwood Highway, Suite 200 50 CALIFORNIA ST FL 12 Petaluma, CA 94954 SAN FRANCISCO, CA 94111-4646 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Railroad Protective Liability Policy - Railroad Commercial General Liability Policy - Railroad A. The following exclusion is added to Item II. Exclusions of Section I. — Insuring Agreement for Covered Injury: II. Exclusions This insurance does not apply to: Terrorism "Bodily injury" or "property damage" arising, directly or indirectly, out of a "certified act of terrorism" or "other act of terrorism", including any action taken in hindering or defending against an actual or expected "certified act of terrorism" or 'other act of terrorism". This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage. However, with respect to an 'other act of terrorism" this exclusion only applies if one or more of the following are attributable to such act: (1) The total of insured damage to all types of property exceeds $25,000,000. In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision, insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions; or (2) Fifty or more persons sustain death or serious physical injury. For the purposes of this provision, serious physical injury means: (a) Physical injury that involves a substantial risk of death; or (b) Protracted and obvious physical disfigurement; or (c) Protracted loss or impairment of the function of a bodily member or organ; or (3) The terrorism involves the use, release or escape of nuclear materials, or directly or indirectly results in nucleareaction or radiation or radioactive contamination; or (4) The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials; or STF-GU-657-A CW (01/11) Page 1 of 2 (5) Pathogenic or poisonous biological or chemical materials are released, and it appears that one purpose of th terrorism was to release such materials. B. The following definitions are added to Section V. Definitions: " Certified act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. Section 102 of the Terrorism Risk Insurance Act of 2002 sets forth the criteria and process that the Secretary of the Treasury shall use to determine whether to certify an act of terrorism. "Other act of terrorism" means a violent act or an act that is dangerous to human life, property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion, but that is not a "certified act of terrorism". However, 'other act of terrorism" does not include an act which meets the criteria set forth in the definition of "certified act of terrorism" when such act resulted in aggregate losses of $5 million or less. Multiple 'other acts of terrorism" which occur within a seventy-two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one 'other act of terrorism". All other terms and conditions remain unchanged. STP -GU -657-A CW (01/11) Page 2 of 2 Endorsement # 02 Evacuation And Evacuation Expenses - Inclusion Policy No. I Eff. Date of Pol. SCO 0191756-00 1 04/182016 Exp. Date of Pol. 04/18/2017 Named Insured and Mailing Address: SONOMA MARIN AREA RAIL TRANSIT 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 Eff. Date of End. Producer 04/18/2016 70724000 Producer: ZURICH Add'I Prem. Return Prem. WOODRUFF -SAWYER & CO. 50 CALIFORNIA ST FL 12 SAN FRANCISCO, CA 94111-4646 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED BY THE FOLLOWING: RAILROAD PROTECTIVE LIABILITY COVERAGE FORM In consideration of the premium charged, it is agreed that SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 1. INSURING AGREEMENT is amended to include the following: SECTION I — COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. INSURING AGREEMENT d. This insurance applies to "bodily injury" and "property damage" arising out of an "occurrence" and resulting in an "evacuation" including "evacuation expenses". It is further agreed that SECTION V - DEFINITIONS is amended to include: 11. "Evacuation" means the removal of persons other than you or your employees from a dangerous area to a designated safe area whether required by any public authority or at the instigation of any insured, solely as a result of a railroad accident. An "evacuation" shall be deemed to be over when the dangerous area is considered safe, by any public authority, for the persons to return. 12. "Evacuation expenses" means expenses for which you are liable for persons other than you or your employees for food, travel and accommodation arising out of an "evacuation". "Evacuation expenses" does not include the salaries, overtime or any other compensation of your officers or employees nor any compensation for your use of your facilities or equipment. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF-CGL-1516-A CW (06/09) Page 1 of 1 Endorsement # 03 Employment Practices Liability - Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. SCO 0191756 00 04/18/2016 04/18/2017 Named Insured and Mailing Address: SONOMA MARIN AREA RAIL TRANSIT 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 Eff. Date of End. I Producer ZURICH Add'I Prem. I Return Prem. 04/18/2016 1 70724000 ---------- Producer: WOODRUFF -SAWYER & CO. 50 CALIFORNIA ST FL 12 SAN FRANCISCO, CA 94111-4646 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of the premiums charged, it is agreed that this policy does not apply to any Liability arising out of Employment Practices Liability as stated below: 1. Refusal to employ 2. Termination of Employment 3. Coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or other employment related practices, policies, acts, or omissions; or This exclusion applies whether or not the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to repay someone else who must pay damages because of the injury. All other terms and conditions remain unchanged. STF-RRP-124-B CW (10/08) Page 1 of 1 Endorsement # 04 Pollution Exclusion Amendment Policy No. Eff. Date of Pol. Exp. Date of Pol. SCO 0191756-00 04/182016 04/18/2017 Named Insured and Mailing Address: SONOMA MARIN AREA RAIL TRANSIT 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 ZURICH Eff. Date of End. Producer Add'I Prem. 04/18/2016 70724000 ---------- Producer: WOODRUFF -SAWYER & CO. 50 CALIFORNIA ST FL 12 SAN FRANCISCO, CA 94111-4646 Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of the premium charged, it is agreed that paragraph (a) of exclusion f.(3) of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (SECTION I - Coverages) is replaced as follows: This insurance does not apply to: f. "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at or from the "job location": (3) On which you or "contractors" working directly or indirectly on any insured's behalf are performing operations: (a) If the pollutants, other than fuels or lubricants for equipment used at the "job location", are brought on or to the "job location" in connection with such operations by you, the "contractor" or "your designated employee". All other terms and conditions remain unchanged. STF-RRP-125-B CW (10/08) Page 1 of 1 Endorsement # 05 Limited Seepage, Pollution and Contamination Coverage Endorsement Policy No.Eff. Date of Pol. Exp. Date of Pol. SCO 0191756-00 04/18/2016 04/18/2017 Named Insured and Mailing Address: SONOMA MARIN AREA RAIL TRANSIT 5401 Old Redwood Highway, Suite 200 Petaluma, CA 94954 Eff. Date of End. I Producer 04/18/2016 I 70724000 Producer: ZURICH Add'] Prem. I Return Prem. WOODRUFF -SAWYER & CO. 50 CALIFORNIA ST FL 12 SAN FRANCISCO, CA 94111-4646 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of the premiums charged, it is agreed that Exclusion f. of this Policy shall not apply to the liability of the Insured resulting from seepage and/or pollution and/or contamination caused solely by: a) Unintended fire, lightning or explosion; or b) A collision or overturning of a road vehicle; or c) A collision or overturning or derailment of a train. Notwithstanding the foregoing, it is agreed that the coverage provided by this Endorsement shall not apply to: 1. Loss of, damage to or loss of use of property directly or indirectly resulting from sub -surface operations of the insured and/or removal of, loss of or damage to sub -surface oil, gas or any other substance; 2. Any site or location used in whole or in part for the handling, processing, treatment, storage, disposal or dumping of any waste materials or substance; 3. The cost of evaluating and/or monitoring and/or controlling seeping and/or polluting and/or contaminating substances; 4. The cost of removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances on property at any time owned and/or leased and/or rented by the Insured and/or under the control of the Insured. All other terms and conditions remain unchanged. STF-RRP-205 A CW (10/08) Page 1 of 1 Endorsement # 06 Asbestos Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer SCO 0191756-00 04/18/2016 04/18/2017 04/18/2016 70724000 ZURICH Add'I Prem. Return Prem. Named Insured and Mailing Address: Producer: SONOMA MARIN AREA RAIL TRANSIT WOODRUFF -SAWYER & CO. 5401 Old Redwood Highway, Suite 200 50 CALIFORNIA ST FL 12 Petaluma, CA 94954 SAN FRANCISCO, CA 94111-4646 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following exclusion is added to paragraph 2. Exclusions of Section I - Coverage A — Bodily Injury And Property Damage Liability and Coverage B - Physical Damage to Property: 2. Exclusions This insurance does not apply to: Asbestos A. "Bodily injury", "property damage" or "personal and advertising injury" arising out of or which would not have occurred, in whole or in part, but for the actual, alleged or threatened discharge, dispersal, release, leakage, leaching, friability, flaking, escape or presence of asbestos, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to the injury or damage; or B. Any sums that any insured or other entity must pay, repay or reimburse because of any: 1. Request, demand, order, statutory or regulatory requirement, direction or determination that any insured or others test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos; or 2. Claim or "suit" for damages arising out of or relating in any way to any request, demand, order, statutory or regulatory requirement, direction or determination that any insured or others test for, investigate, monitor, clean up, remove, study, contain, treat, encapsulate, control or take any other action regarding asbestos; or C. Any other loss, cost or expense arising out of or relating in any way to asbestos. All other terms and conditions remain unchanged. STF-RRP-223-A CW (10/08) Page 1 of 1 Important Notice Service of Suit and In Witness Clause Service of Suit ZURICH In the event an action or proceeding arises under the contract, it is agreed that the Company, at your request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver or limitation of the right to arbitration as set forth herein or to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or any state in the United States. It is further agreed that service of process in such suit may be made upon Illinois Corporation Service Company, 801 Adlai Stevenson Drive, Springfield, IL 62703. In any suit instituted against the Company upon this policy, the Company will abide by the final decision of such court or of any appellate court in the event of an appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, the Company hereby designates the Superintendent, Commissioner or Director of Insurance, other officer specified for that purpose in the statute, or his successors in office as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the Insured of any beneficiary hereunder arising out of this policy of insurance and hereby designates the above named Illinois Corporation Service Company as the entity to whom the said officer is authorized to mail such process or a true copy thereof. In Witness Clause In return for the payment of premium, and subject to the terms of this policy, coverage is provided as stated in this policy. IN WITNESS WHEREOF, this Company has executed and attested these presents and, where required by law, has caused this policy to be countersigned by its duly Authorized Representative(s). President Corporate Secre ary QUESTIONS ABOUT YOUR INSURANCE? Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint, call or write to the following (please have your policy or claim number ready): Zurich in North America Customer Inquiry Center 1400 American Lane Schaumburg, Illinois 60196-1056 1-800-382-2150 (Business Hours: 8am - 4pm [CT]) Email: info.source@zurichna.com STF-GU-199-B (01/09) Page 1 of 1 Endorsement # 07 Nuclear Energy Liability Exclusion Endorsement (Broad Form) Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer SCO 0191756-00 04/18/2016 04/18/2017 04/18/2016 70724000 ZURICH Add'I Prem. I Return Prem. Named Insured and Mailing Address: Producer: SONOMA MARIN AREA RAIL TRANSIT WOODRUFF -SAWYER & CO. 5401 Old Redwood Highway, Suite 200 50 CALIFORNIA ST FL 12 Petaluma, CA 94954 SAN FRANCISCO, CA 94111-4646 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or STF-GU-643-A CW (09/08) Page 1 of 2 (3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material', "special nuclear material' or "by-product material". "Source material", "special nuclear material', and "by-product material' have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material' other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material' content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means: (a) Any "nuclear reactor'; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel', or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material' if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. All other terms and conditions of the policy shall apply and remain unchanged. STF-GU-643-A CW (09/08) Page 2 of 2 m Notice To Policyholders ZURICH THIS IS VERY IMPORTANT. PLEASE READ IT CAREFULLY. 1. THE INSURANCE POLICY THAT YOU HAVE PURCHASED IS BEING ISSUED BY AN INSURER THAT IS NOT LICENSED BY THE STATE OF CALIFORNIA. THESE COMPANIES ARE CALLED "NONADMITTED" OR "SURPLUS LINE" INSURERS. 2. THE INSURER IS NOT SUBJECT TO THE FINANCIAL SOLVENCY REGULATION AND ENFORCEMENT WHICH APPLIES TO CALIFORNIA LICENSED INSURERS. 3. THE INSURER DOES NOT PARTICIPATE IN ANY OF THE INSURANCE GUARANTEE FUNDS CREATED BY CALIFORNIA LAW. THEREFORE, THESE FUNDS WILL NOT PAY YOUR CLAIMS OR PROTECT YOUR ASSETS IF THE INSURER BECOMES INSOLVENT AND IS UNABLE TO MAKE PAYMENTS AS PROMISED. 4. CALIFORNIA MAINTAINS A LIST OF ELIGIBLE SURPLUS LINE INSURERS APPROVED BY THE INSURANCE COMMISSIONER. ASK YOUR AGENT OR BROKER IF THE INSURER IS ON THAT LIST, OR VIEW THAT LIST AT THE WEB SITE OF THE CALIFORNIA DEPARTMENT OF INSURANCE: WWW.INSURANCE.CA.GOV. 5. FOR ADDITIONAL INFORMATION ABOUT THE INSURER YOU SHOULD ASK QUESTIONS OF YOUR INSURANCE AGENT, BROKER, OR "SURPLUS LINES" BROKER OR CONTACT THE CALIFORNIA DEPARTMENT OF INSURANCE, AT THE FOLLOWING TOLL-FREE TELEPHONE NUMBER: 1-800-927-4357. 6. IF YOU, AS THE APPLICANT, REQUIRED THAT THE INSURANCE POLICY YOU HAVE PURCHASED BE BOUND IMMEDIATELY. EITHER BECAUSE EXISTING COVERAGE WAS GOING TO LAPSE WITHIN TWO BUSINESS DAYS OR BECAUSE YOU WERE REQUIRED TO HAVE COVERAGE WITHIN TWO BUSINESS DAYS, AND YOU DID NOT RECEIVE THIS DISCLOSURE FORM AND A REQUEST FOR YOUR SIGNATURE UNTIL AFTER COVERAGE BECAME EFFECTIVE, YOU HAVE THE RIGHT TO CANCEL THIS POLICY WITHIN FIVE DAYS OF RECEIVING THIS DISCLOSURE. IF YOU CANCEL COVERAGE, THE PREMIUM WILL BE PRORATED AND ANY BROKER FEE CHARGES FOR THIS INSURANCE WILL BE RETURNED TO YOU. STF-SLA-100-A CA (10/08) Page 1 of 1 Endorsement # 08 Sanctions Exclusion Endorsement Policyholder: SONOMA MARIN AREA RAIL TRANSIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ZURICH The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy, whether included in an Exclusion Section or otherwise: SANCTIONS EXCLUSION Notwithstanding any other terms under this policy, we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured, beneficiary, or third party who may have any rights under this policy to the extent that such cover, payment, service, benefit, or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions, the declarations, notices, schedule, coverage parts, insuring agreement, application, enrollment form, and endorsements or riders, if any, for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer, underwriter, we, us, and our, or as otherwise defined in the policy, and shall mean the company providing the coverage. Insured may be referred to as policyholder, named insured, covered person, additional insured or claimant, or as otherwise defined in the policy, and shall mean the party, person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U -GU -1191-A CW (03/15) Page 1 of 1 PROFESSIONAL SERVICES AGREEMENT/CONTRACT COMPLETION CHECKLIST AND ROUTING SLIP Below is the process for getting your professional services agreements/contracts finalized and executed. Please attach this "Completion Checklist and Routing Slip" to the front of your contract as you circulate it for review and signatures. Please use this form for all professional services aLire ements/contracts (not just those requiring City Council approval). This process should occur in the order presented below. Step Responsible Description Completion Department „pate 1 City Attorney Review, revise, and comment on draft agreement. 2 Contracting Department Forward final agreement to contractor for their signature. Obtain at least two signed _ _ ^� originals from contractor. \� 3 Contracting Department Agendize contractor -signed agreement for _ ' Council approval, if Council approval necessary (as defined by City Attorney/City(J 4 City Attorney Ordinance*). Review and approve form of agreement; bonds, and insurance certificates and endorsements. 5 City Manager / Mayor / or Agreement executed by Council authorized Department Head official. 6 City Clerk City Clerk attests signatures, retains original G� agreement and forwards copies to the , contracting department. To be completed by Contracting Department: ��u- �L-c-ixt��,-3 A (.- Project Manager: IKN-11-J) Project Name: Cl') l u c -Lc- r �-CLj, 01 u l t r t l Agendized for City Council Meeting of (if necessary): IL If you have questions on this process, please contact the City Attorney's Office at 485-3080. * Council approval is required if contract is over $20,000 on a cumulative basis.