AGREEMENT FOR PROFESSIONAL SERVICES
By and between
City of Manteca
And
TJKM
For
ENGINEERING AND ENVIRONMENTAL SERVICES
TRAFFIC SIGNAL UPDATE PROJECT ( CIP NO. 17058)
In the City of Manteca
San Joaquin County, California
ATTACHMENT 2
1 AGREEMENT FOR PRO FEESSSIONAL SERVICES
This Agreement is made and entered into this l / day of S 2017 , by and between the CITY OF MANTECA, a
public body, corporate and politic (" City") and
T J K M , a California corporation(" Consultant").
RECITALS
A. Consultant is specially trained, experienced, and competent to perform the professional services required by this Agreement.
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions specified herein.
C. City desires to retain Consultant to render the professional services set forth in this Agreement.
AGREEMENT
1. Scope of Services. Consultant shall perform the engineering and environmental services described in the attached Exhibit A that is incorporated by this reference, and pursuant to the Proposal submitted by Consultant on May 22, 2017 . Consultant shall provide these services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that may be provided from time to time. Performance of the Scope of Services is sometimes referred to herein as " the Project."
2. Work Through City Staff. Consultant shall perform its services pursuant to this Agreement solely through City staff. No communications, information or documentations shall be made directly to any applicant to the City without the prior written consent of the City. This shall not apply to the sole request of information or clarification of information by Consultant from the applicant. All requests shall be noted to City in an expeditious manner.
3. Performance Period.
A. This contract shall go into effect on August 15, 2017, contingent upon approval by City, and Consultant shall commence work after notification to proceed by City' s Contract Administrator. The contract shall end on December 31, 2022, unless extended by contract amendment.
B. Consultant is advised that any recommendation for contract award is not binding on City until the contract is fully executed and approved by City.
4. Allowable Costs and Payments.
A. The method of payment for this contract will be based on actual cost plus a fixed fee.
City will reimburse Consultant for actual costs ( including labor costs, employee benefits, 2 ATTACHMENT 2
travel, equipment rental costs, overhead and other direct costs) incurred by Consultant in performance of the work. Consultant will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved Consultant' s Cost Proposal, unless additional reimbursement is provided for by contract amendment. In no event, will Consultant be reimbursed for overhead costs at a rate that exceeds City' s approved overhead rate set forth in the Cost Proposal. In the event, that City determines that a change to the work from that specified in the Cost Proposal and contract is required, the contract time or actual costs reimbursable by City shall be adjusted by contract amendment to accommodate the changed work. The maximum total cost as specified in Paragraph" H" shall not be exceeded, unless authorized by contract amendment.
B. In addition to the allowable incurred costs, City will pay Consultant a fixed fee of 39, 556. 58 for the Base Scope of Services. The fixed fee is nonadjustable for the term of the contract, except in the event of a significant change in the scope of work and such adjustment is made by contract amendment.
C. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
D. When milestone cost estimates are included in the approved Cost Proposal, Consultant shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
E. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant' s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, City shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article 6 Termination.
F. No payment will be made prior to approval of any work, nor for any work performed prior to approval ofthis contract.
G. Consultant will be reimbursed, as promptly as fiscal procedures will permit upon receipt by City' s Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which Consultant is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due City including any equipment purchased under the provisions of Article 11 Equipment Purchase of this contract. The final invoice should be submitted within 60 calendar days after completion of Consultant' s work.
Invoices shall be mailed to City' s Contract Administrator at the following address:
3 ATTACHMENT 2
Matiel Holloway, P. E.
Associate Engineer
City of Manteca— Public Works Department
1001 West Center Street, Suite E
Manteca, CA 95337
H. The total amount payable by City including the fixed fee shall not exceed$ 477, 699. 90 for the Base Scope of services.
I. Salary increases will be reimbursable ifthe new salary is within the salary range identified in the approved Cost Proposal and is approved by City' s Contract Administrator.
For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.
J. All subcontracts in excess of$25, 000 shall contain the above provisions.
5. Extra Work.
At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, the term "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without the City' s prior written authorization.
6. Termination.
A. City reserves the right to terminate this contract upon thirty( 30) calendar days written notice to Consultant with the reasons for termination stated in the notice.
B. City may terminate this contract with Consultant should Consultant fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, City may proceed with the work in any manner deemed proper by City.
If City terminates this contract with Consultant, City shall pay Consultant the sum due to Consultant under this contract prior to termination, unless the cost of completion to City exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due Consultant under this contract and the balance, if any, shall be paid to Consultant upon demand.
C. The maximum amount for which the City shall be liable ifthis contract is terminated is a prorated amount in proportion to the work performed by the Consultant in accordance with the Scope of Services and this Agreement.
4 ATTACHMENT 2
7. Cost Principles and Administrative Requirements.
A. Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. 000 et seq., shall be used to determine the cost allowability of individual items.
B. Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. 000 et seq., are subject to repayment by Consultant to City.
D. All subcontracts in excess of$ 25, 000 shall contain the above provisions.
8. Retention of Records/ Audit.
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546. 7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and it' s certified public accountants ( CPA) work papers that are pertinent to the contract and indirect cost rates ( ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of 25, 000 shall contain this provision.
9. Audit Review Procedures.
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by City' s Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City' s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract.
D. Consultant and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an 5 ATTACHMENT 2
ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is Consultant' s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA' s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City contract manager to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.
10. Subcontracting.
A. Nothing contained in this contract or otherwise, shall create any contractual relation between City and any subconsultant( s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant( s) and of persons either directly or indirectly employed by any ofthem as it is for the acts and omissions of persons directly employed by Consultant. Consultant' s obligation to pay its subconsultant( s) is an independent obligation from City' s obligation to make payments to the Consultant.
B. Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City' s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.
C. Consultant shall pay its subconsultants within ten( 10) calendar days from receipt of each payment made to Consultant by City.
D. Any subcontract in excess of$25, 000 entered into as a result ofthis contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.
E. Any substitution of subconsultant( s) must be approved in writing by City' s Contract Administrator prior to the start of work by the subconsultant( s).
11. Equipment Purchase.
A. Prior authorization in writing, by City' s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding $ 5, 000 for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in Consultant' s Cost Proposal and exceeding $ 5, 000 prior authorization by City' s Contract Administrator; 6 ATTACHMENT 2
three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following:
Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of 5, 000 or more. Ifthe purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the contract, or ifthe contract is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant' s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $ 5, 000 is credited to the project.
D. All subcontracts in excess $ 25, 000 shall contain the above provisions.
12. State Prevailing Wage Rates.
A. The State of California' s General Prevailing Wage Rates are not applicable to this contract.
13. Conflict of Interest.
A. Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome ofthis contract, or any ensuing City construction project. Consultant shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project, which will follow.
B. Consultant hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract.
C. Any subcontract in excess of$25, 000 entered into as a result of this contract, shall contain all of the provisions of this Article.
D. Consultant hereby certifies that neither Consultant, nor any firm affiliated with Consultant will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated firm is one, which is subject to the control of the same persons through jointownership, or otherwise.
E: Except for subconsultants whose services are limited to providing surveying or materials testing information, no subconsultant who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract 7 ATTACHMENT 2
to provide construction inspection for any construction project resulting from this contract.
14. Rebates, Kickbacks or Other Unlawful Consideration.
Consultant warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
15. Prohibition of Expending Local Agency State or Federal Funds for Lobbying.
A. Consultant certifies to the best of his or her knowledge and belief that:
1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Consultant shall complete and submit Standard Form- LLL, " Disclosure Form to Report Lobbying", in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $ 10, 000 and not more than $ 100, 000 for each such failure.
C. Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower- tier subcontracts, which exceed 100, 000 and that all such sub recipients shall certify and disclose accordingly.
16. Ownership of Documents; Confidentiality.
A. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees, agents, and subcontractors in the course of implementing this 8 ATTACHMENT 2
Agreement, except working notes and internal documents, shall become the property of City upon payment to Consultant for such work. City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.
B. All memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. These materials shall not, without the City' s prior written consent, be used by Consultant for any purposes other than the performance ofthe services under this Agreement. Nor shall these materials be disclosed to any person or entity not connected with the performance of services under this Agreement. Nothing furnished to Consultant that is otherwise known to Consultant, or is generally known, or has become known to the related profession shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to the Project for which Consultant' s services are rendered, or any publicity pertaining to the Consultant' s services under this Agreement in any magazine, trade paper, newspaper, television or radio production, or other similar medium without the City' s prior written consent.
17. Independent Contractor. In the performance of the work and services required by this Agreement, Consultant shall act as and be an independent contractor and not an agent, or employee of the City. Consultant shall obtain no rights to retirement or other benefits that accrue to City's employees, and Consultant expressly waives any claim it may have to any such rights.
18. Professional Ability of Consultant.
A. City is relying upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.
B. The primary provider ofthe services required by this Agreement shall be:
Navan Amin
President
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
9 ATTACHMENT 2
A list of other individuals assigned to the Project will be provided to City for its review and approval, and these individuals shall not be replaced without the City' s prior written consent.
19. Compliance with Laws. Consultant shall use the customary standard of care in its profession to comply with all applicable federal, state, and local statutes, codes, ordinances, and regulations.
20. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals that are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals that are legally required of Consultant to practice its profession.
21. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers, from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect including any and all costs and expenses in connection therewith), arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant' s performance of this Agreement, or Consultant' s failure to comply with any of its obligations contained in this Agreement.
22. Insurance Requirements.
A. Job specific insurance requirements can be found on the attached Exhibit B. Other insurance provisions can be found below:
B. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing an A.M. Best' s rating of no less than A:VII and shall be endorsed with language substantially as follows:
1) The City, its elected and appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work.
2) The policy shall be considered primary insurance as respects the City, its elected and appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. 3) The insurance shall apply to each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
10 ATTACHMENT 2
4) The insurer waives all rights of subrogation against the City, its elected and appointed officers, officials, employees, and agents.
5) Any failure to comply with reporting provisions ofthe policies shall not affect coverage provided to the City, its elected and appointed officers, officials, employees, agents, or volunteers.
6) The insurance provided by the policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after 30 days written notice has been received by the City.
7) The City will not accept any endorsements that were issued in 2004. Acceptable endorsement forms are CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01.
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City' s option, Consultant shall demonstrate financial capability for payment of those deductibles or self-insured retentions.
D. Certificates of Insurance. Consultant shall provide to City certificates of insurance with original endorsements as evidence of the required insurance coverage. Certificates of insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term ofthis Agreement.
23. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing ifmailed as provided in this section.
If to City: City of Manteca
1001 W. Center Street
Manteca, CA 95337
Attention: Matiel Holloway, P.E.
Associate Engineer
If to Consultant: T J K M
4305 Hacienda Drive, Suite 550
Pleasanton, CA 94588
Attention: Navan Amin
President
24. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in their entirety by this Agreement.
11 ATTACHMENT 2
25. Amendments. This Agreement may be amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.
26. Waiver. Waiver of any breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach or default of the same or any other provision under this Agreement.
27. Severability. If any provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
28. Controlling Law; Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and any legal action relating to this Agreement shall be brought in a state or federal court in the County of San Joaquin.
29. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
30. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. Ifthe parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ ENDISPUTE(" JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS, and thereafter the mediator remaining shall hear the dispute. Ifthe dispute remains unresolved after mediation, either party may commence litigation.
31. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy has been signed by both parties.
32. Authority to Enter Agreement. Consultant warrants that it has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each party warrants to the other that the signatories to this Agreement have the legal power, right, and authority to enter into this Agreement and to bind each party.
33. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age.
Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall comply with all relevant provisions of City' s Minority Business 12 ATTACHMENT 2
Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or later enacted.
34. Precedence. In case of conflict between Consultant' s Proposal dated January 19, 2016 and this Agreement( which includes Exhibit A and Exhibit B) this Agreement and its exhibits shall take precedence over Consultant' s proposal.
TO EFFECTUATE THIS AGREEMENT, each ofthe parties has caused this Agreement to be executed by its duly authorized representative as ofthe date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA, CONSULTANT:
a public body, corporate and politic T J K M
By: By:
Name: Stephen DeBrum Name: Nayan Amin
Title: Mayor Title: President
ATTEST:
U0 400_,A__
City Clerk Gsa- LSWO%' N ov%
APPROVED AS TO FORM:
John D. rintoiin, Ci
iiy Attorney
Date
13 ATTACHMENT 2
Exhibit A
Scope of Services
By and between
City of Manteca
And
TJKM
For
ENGINEERING AND ENVIRONMENTAL SERVICES
TRAFFIC SIGNAL UPDATE PROJECT (CIP NO. 17058)
In the City of Manteca
San Joaquin County, California
ATTACHMENT 2
t
1 = Scope of Work for the
s
Traffic Signal Update Project I HSIPL 5242 ( 034)
TJKM Team detailed Scope of Work to achieve the objectives of the City of Manteca Traffic Signal Update Project HSIPL 5242 ( 034)) on schedule and within budget is summarized below based on our extensive experience working on similar projects.
PROPOSED •
It is a TJKM policy to prepare a Work Plan for all projects, large and small. Upon receipt of a Notice- to-Proceed, we will prepare, in consultation with the City and other local jurisdictions, an overall project work plan that includes detailed work elements for each team specialty. A TJKM work plan typically includes: definition of the project purpose; task objectives; scope of services; staffing; coordination requirements; deliverables; budget; schedule; and monitoring and reporting procedures.
TJKM proposes nine tasks below to complete the project successfully, while meeting all the project objectives identified in the RFP.
Task 1: Project Management
Task L1 Kick- OffMeeting
TJKM Team will schedule a meeting with the City of Manteca, to kick- off the project; establish communication channels and protocols; discuss the scope of work, schedule, and budget; gather available information; and obtain a thorough understanding of the goals of the project. Specific topics to discuss include the data collection, document input from the City staff and stakeholders for the project, and establish project requirements. At this meeting, we will also discuss specific local issues that needs to be accounted for.
Within three working days of the kick- off meeting, the TJKM Team will prepare meeting minutes and if required a detailed updated scope of work and schedule for all work required to ensure timely completion of project activities. Upon receipt of comments from the City Project Manager, TJKM will revise the draft meeting minutes, scope of work, schedule, and budget to incorporate the comments received from the City Project Manager.
DELIVERABLES
Meeting Minutes( Draft and Final), and Scope of Work, Schedule, and Budget( Draft and Final) Task Z2 Project Management
TJKM Team Project Manager will coordinate all team efforts on the project with City of Manteca Project Manager, including but not limited to, tracking progress ofthe work and administering sub-consultants. TJKM Team Project Manager will provide overall project management, coordination, and supervision of project staff to facilitate the performance of the work in accordance with standards and requirements of the City of Manteca and other applicable standards and requirements. Under this task, we will prepare and submit monthly project progress reports to CITY Project Manager.
DELIVERABLES:
Monthly Progress Reports
Task L3 Coordination& Meetings
We will conduct regular meetings with City staff, and also coordinate with other stakeholders, including Caltrans, City, and other agencies, in monthly Project Development Team ( PDT) meetings or technical workshops and focused meetings as necessary. We will prepare agendas and meeting minutes, communicate and distribute project records and information, and responses to all internal requests for information about the project from the City staff and to the stakeholders upon approval from City Project Manager.
At each meeting, the TJKM Team will develop a meeting agenda, and provide meeting minute summaries for all the meetings attended. The minutes of each meeting will be submitted to the City within two working days after the meeting.
Additional meetings can be attended with a contract amendment on a time and materials basis.
Page I 1
t JKM
ATTACHMENT 2
Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
DELIVERABLES:
PDT meeting notices, agendas, handouts/ exhibits, & minutes.
Task L4Administration
We will prepare and update the Project schedule on a monthly basis or as needed. Project schedule will be developed in a way that is logical, complete, and will include City reviews. We will provide regular reporting on the project status, including, but not limited to, schedule, contract budget, general progress on project tasks, and project issues and concerns and procedures.
DELIVERABLES.'
Project Schedule and Master Files
Task L5 Public Outreach
TJKM Team will provide the necessary public outreach to residences, businesses and other stakeholders during the design and construction phases of the project. The intent is to notify the public during the design and construction of the project, and make reasonable changes to the project to minimize the impact of the project.
Task 2: Preparation of Base Map
The objective of the PS& E design is to determine the best systems to interconnect the project signals for signal timing coordination and also identify signal hardware upgrades necessary within each cabinet for asset management purposes. By doing so, one would analyze the most applicable interconnect systems that can be incorporated given the existing interconnect infrastructure, construction budget constraints, and communication needs for the project corridor.
The TJKM team will visit the project corridors for field investigation, including verification of existing signal interconnect conduits, if available, signal interconnect and traffic signal pull boxes, and surface utilities based on the City' s record drawings. The TJKM Team during field investigation conduct a field reconnaissance at each signalized intersection within the City project limits and identify which of the signal hardware require replacement due to damage or destruction, or are no longer compliant to today' s standards, or are missing, such as a battery backup system, and also if existing interconnection media exists or not between signals along the corridor. A picture of each cabinet will be taken along with the inside of each controller cabinet and service cabinet so that the City has a record of the equipment existing inside each one. The pictures will be saved on a flash drive or CD for City records and compiled in project folders by intersection.
TJKM Team will also review existing signage at the intersections and document them on the base maps. Picture of each sign will be taken during review of existing signage at the intersections in the field. A technical memo will be prepared of our findings summarizing on a spreadsheet in excel or table in word format the pieces of equipment and signage needing installation or replacement.
A project base map will be prepared in AutoCAD format utilizing a high resolution aerial, such as from Google Earth Professional, for tracing the curblines, sidewalk, and cabinet locations. Since this project is mainly traffic signal hardware upgrades, a topographic survey is not necessary since grading or minor civil improvements are not planned for the project and utilizing a high resolution aerial will save the City money to use for the construction phase.
The base map will include traffic signal record drawing plan information obtained from the City, if available, existing utility information obtained from utility companies ( mostly for underground features, and electrical equipment that is pertinent to the improvements), and field measurements. We will scale up or down the base map based on the curb width measurements conducted in the field. The base map will be used in the PS& E task.
Any wet or dry utility records received from utility companies from the utility" A" letters sent out will be incorporated into the base maps.
VL—rTJKM
ATTACHMENT 2
Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
DELIVERABLES
Base map in AutoCAD and Controller cabinet picture login electronic format, spreadsheet table, technical memorandum of Existing Conditions
Task 3: Environmental Studies & Environmental Document
The TJKM Team will investigate the presence of lead based paints or aerially deposited lead in soil adjacent to the project site for health and safety concerns and for potential reuse or disposal purposes at selected traffic signals.
We understand that the City of Manteca is proposing to change out all 46 traffic signals throughout the City. We further understand that 12 of those traffic signals occur at locations where City Streets intersect or cross Highway 120 and Highway 99 where there is the potential for aerially deposited lead in soil from vehicular transmission.
The scope at these 12 locations include the following:
Visiting the site to identify and collect soil samples from the 12 locations; Submitting the soil samples to a California Certified Laboratory for Analysis of lead; Preparing a report summarizing the results of the sampling effort and any potential health related issues from residual lead in the soil. The report will be prepared within two weeks of receiving the analytical results.
DELIVERABLES
Required Technical Studies, Hazardous Waste Initial Site Assessment, NEPA CE Task 4: Preparation of Draft PS& E
The objective of the PS& E design is to determine the best systems to interconnect the project signals for signal timing coordination and also identify signal hardware upgrades necessary within each cabinet for asset management purposes. By doing so, the TJKM Team would analyze the most applicable interconnect systems that can be incorporated given the existing interconnect infrastructure, construction budget constraints, and communication needs for the project corridor.
Task 4.1 Draft Plans
Following completion of the traffic signal inventory subtask, the TJKM Team will develop the 35%, 65%, and 95% plans for the City and Caltrans to review.
The improvement drawings will show locations of existing and proposed traffic signal hardware requiring replacement due to being damaged or destroyed, such as traffic signal poles, controller cabinets, signal heads being upgraded, Battery Backup Systems with Uninterrupted Power Supply, conduit runs, pull boxes, cables, and controller cabinet details of placement of wireless interconnect radio equipment, Ethernet switches, controllers, conflict monitors, and any additional equipment in the controller cabinet.
Task 4. 1. 135% Plans
The 35% plans will be conceptual in nature and show the locations of the equipment being replaced. An opinion of probable construction cost will be prepared at this stage based on unit costs from recent similar projects bid in the Central Valley area.
Task 4. 1. 2 65% Plans
The 65% design submittal is intended to show the initial design concept and how major components of the project corridors will be interconnected. Plans will be prepared in conformance with City of Manteca and Caltrans design standards as appropriate. The following plan sheets and design elements will be included with this submittal:
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ATTACHMENT 2
Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
Title Sheet— General project information, location/ vicinity maps, legend, utility contacts, and signature blocks, etc.
Electrical Plans— Signal layout plans showing locations of signal equipment being replaced at each intersection. ( 1"= 20' scale).
Construction Details— Trench and backfill details, wireless broadband radio installation on signal poles, cabinet equipment layout detail, etc.
Summary of Quantities— Table summarizing quantities of each hardware being replaced or installed.
Stage Construction Plans— Insertion of the appropriate one lane closure detail from Caltrans Standard Plans to be used by the Contractor at locations requiring a lane closure. It will be required in the specifications that the Contractor provide their own specific traffic handling plans to the City for review and approval based on their stages of construction and schedule prior to beginning construction.
Signing and Pavement Delineation Plans— This project will not require those since it is not applicable to the work involved.
Utility and Utility Relocation Plans— This project will not require those since it is not applicable to the work involved.
Traffic Handling Plans- Insertion of the appropriate one lane closure detail from Caltrans Standard Plans to be used by the Contractor at locations requiring a lane closure. It will be required in the specifications that the Contractor provide their own specific traffic handling plans to the City for review and approval based on their stages of construction and schedule prior to beginning construction.
Special Provisions— Draft Special Provisions for the civil improvements will be prepared using 2015 Caltrans Specifications or current City Standard Special provisions as provided by the City of Manteca in MS Word format.
Engineer' s Opinion of Probable Construction Cost— An engineer' s opinion of probable construction cost will be completed for all improvements contained within the improvement drawings in MS Excel. Unit costs will be based on recent bids received in the Central Valley for similar projects.
Utility Coordination- At the outset of the project, the TJKM Team will request facilities maps from utility owners known to have facilities within the limits of the projects. Utility companies will be provided copies of the base map for verification purposes, and provided subsequent plan submittals at each stage for notification purposes. It is anticipated that no dry utility relocations will be necessary on this project, and proposed conduit runs can be routed to avoid conflicts with other utilities. This scope does not include the preparation of any utility relocation plans, or coordination of any required utility relocations.
TJKM will prepare a Caltrans Encroachment Permit application for the City to sign and submit pertaining to any proposed signal equipment upgrades required at the Caltrans ramp intersections. A separate plan sheet set will be submitted just for the ramp intersections with the permit application.
DELIVERABLES
Three 11" x17" sets of 65% plans, two sets of project specifications, two sets of construction cost estimate, and one copy of the electronic files of PS& E(. pdf format), Caltrans encroachment permit application
Task 4. 1. 3 95% PS& E Submittal
This task addresses completion of the 95% PS& E. One set of non- conflicting, consolidated comments will be received from the City and Caltrans Permits Office on the 65% submittal and incorporated into the PS& E package. TJKM will prepare 95% construction drawings, contract specifications, and a detailed construction cost estimate and submit for review by the City and Caltrans staff. A comment response matrix will be prepared of our responses to the comments.
TKM
ATTACHMENT 2
V1 tt
Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
DELIVERABLES
Three 11" x17" sets of 95% plans, two sets of project specifications, two sets of construction cost estimate, and one copy of the electronic files of PS& E, redline comments from previous submittal round Task 4.2 Draft Specifications
TJKM will prepare the technical specifications and special provisions and quantities and opinion of probable construction costs for the 65%, 95%, and final submittal rounds. The specifications will be prepared using Caltrans standard specification format in MS Word format. Any exceptions to the requirement will be discussed with the City.
DELIVERABLES
Two sets of project specifications and special provisions, two sets of construction cost estimate, and one copy of the electronic files of specs and estimate, redline comments from previous submittal round Task 5: Preparation of Final PS& E Package
This task involves preparation of the draft final PS& E for final review by the City and Caltrans.
Task 9.1 Final PS& E Package
The 100% PS& E will be submitted to the City and Caltrans for signature. One set of non- conflicting, consolidated comments will be received from the City and Caltrans on the 95% submittal and incorporated into the PS& E package. TJKM will prepare 100% construction drawings, contract specifications, and a detailed construction cost estimate and submit for review by the City staff. A comment response matrix will be prepared of our responses to the comments.
The 100% PS& E will be ready to submit to Caltrans Local Assistance Program for E- 76 Request for Authorization for Construction Permit. TJKM will assist the City with preparing the required forms for the City to submit to Caltrans.
At this stage, the plans and technical specifications will be ready for bidding for construction once the E- 76 permit is approved. The cost estimate will be refined based on any comments received from the City and the front- end boilerplate specifications, such as insurance forms, and supplemental general provisions from the City will be incorporated into one complete specification package.
In addition, a peer review by another licensed professional at TJKM, other than the designer of record will be conducted to review the overall constructability, coordination, and reasonable reduction in errors and omissions at this stage of the submittal round. The peer review professional will sign and date the Certification of Peer Review on a letterhead document with the transmittal of the final plans and specifications:
The undersigned hereby certifies that a professional peer review of these plans and the required designs was conducted by me, a professional engineer with expertise and experience in the appropriate fields of engineering equal to or greater than the Engineer of Record, and that appropriate corrections have been made."
TJKM will:
Coordinate and review the approved 95% PS& E with City staff and revise based on comments and discussions.
Prepare final construction drawings, contract technical specifications, and special provisions, and a final construction cost estimate( Excel format). These documents shall be construction ready.
Other supporting documentation, as necessary.
ATTACHMENT 2
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Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
DELIVERABLES
Two full size sets of 100% plans, two sets of project specifications, two sets of construction cost estimate, and one copy of the electronic files of PS& E, review comment matrix, and redline comments from previous submittal round, signed peer review block on plans Task 5. 1. 1 Bid Package ( Final Plans) Submittal
At this stage, the contract documents are ready for bidding once the E- 76 permit approval is received from Caltrans Local Assistance Program to the City. Once the City has approved the final check set for bidding, TJKM will coordinate the plans and technical specifications with the City' s front- end bid instructions, standard provisions, and revised special provisions ready for the City to bid for construction. Minor editorial comments on the final check set are only expected at this stage in the design review process.
TJKM will:
Coordinate with City staff for review of bid package.
Review the approved bid package documents with City staff and revise based on comments and discussions.
Prepare bid package, including a bid schedule and list of submittals.
Submit final plans and specifications, and disk with the electronic files to City staff. Final plans will be provided in electronic file in AutoCAD format and in PDF format. One hardcopy will be in 24" x 36" size.
Each plan sheet will be stamped and signed by the Engineer of Record Registered Civil Engineer, in accordance with California State Law.
Prepare complete special provisions, technical specifications stamped and signed on the table of contents sheet by the Engineer of Record, one hard copy, printed single sided only. If there is more than one Engineer of Record, the engineer will stamp and sign the table of contents for only that/ those section( s) that applies to each engineering discipline.
Provide digital copies of all work products and supporting work.
Provide a final construction cost estimate.
DELIVERABLES
Two sets of plans, one set of project specifications, one set of cost estimate, one electronic copy of the PS& E, and one set of redline comments from the previous review round Task 9.2 Resident Engineer File& Supplemental Materials TJKM Team will prepare the pending Resident Engineer File and other supplemental PS& E materials, which will include the following materials:
Materials Information Handout
Construction permits received
Project Controls for Construction
DELIVERABLES
Bid Package as required and approved by the City, Bid Plan CAD files, and City standards/ specifications Task 6: Permits & Agreements
TJKM will identify all the necessary permits required, and agreements needed, for construction as well as prepare exhibits or application forms, as necessary, for City to sign and pay the associated permit fees. The agreements may include Caltrans and City encroachment permits.
DELIVERABLES
Various construction permits
JKM
ATTACHMENT 2
Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
Task 7: Construction Support Phase
Task 7.1 Construction Support
During construction, the TJKM Team will assist City staff as follows:
Prepare responses to Contractors' RFls during the construction phase, as needed Review all Contractor submittals and assist the City inspector with specific design issues during construction
Review proposed change orders from the Contractor
Assist with the issuance and negotiation of change orders, as needed
DELIVERABLES
RF1 clarifications, response to submittals
Task 7.2 Construction Meetings
TJKM will attend the following meetings during bid and construction:
Attend the mandatory pre- bid meeting to answer relevant questions Attend the construction kick- off meeting
Task 7.3 Record Drawings
TJKM will prepare record drawings from Contractor redline as- builts in AutoCAD format and PDF format.
DELIVERABLES
Record Drawings 24" x36" on Mylar or Bond Paper
Task 8: Asset Management
Task 8.1 Attribute Table
The TJKM Team will develop Attribute Tables based on the specified and/ or inspected equipment at the early stages of the project as it is envisioned to be an iterative process. Based on our experience working on similar tasks, we will suggest to the City the Attributes that should be considered and also provide the reasoning for including the same. The Attribute Table will be revised based on the input and comments received from the City.
Approval of the Attributes by the City will form the basis for the Traffic Signal items to be entered into an Asset Management program.
DELIVERABLES.'
Attribute Table( s)
Task 8.2 Naming Convention
Upon approval of the Attributes by the City, the TJKM Team will develop Naming convention based on the specified and/ or inspected equipment. The Naming convention will be developed that is easy to understand and self- explanatory. Preliminary list of the Naming convention will be submitted to the City for review and will be revised to incorporate the comments/ suggestions received from the City.
DELIVERABLES:
Naming Convention( s)
Task 8.3 Data Collection
Upon completion of construction for the project, the TJKM Team will collect relevant information in accordance with the Attribute Tables and Naming Convention.
DELIVERABLES.'
Collected data spreadsheets
JKM
ATTACHMENT 2
Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
Task 8.4 Data Entry
Upon completion of data collection, TJKM will coordinate with City staff and enter the relevant data into the City' s Asset Management VUEWorks system as per approved Attribute Table and Naming Convention.
Task 9: Optimized Signal Timing
Task 9.1 Data Collection
Task 9. 1. 1 Data Collection from City
Available data and information regarding the signals to be coordinated will be collected and reviewed. TJKM will obtain the following documents and information from City of Manteca:
Maps of the study area, both hard copy and electronic form, aerial photos that are reasonably current; Historical 24- Hour ADT counts ( if available);
Historical turning movement volumes at the study intersections for weekday AM, Midday, and PM peak periods (if available);
Synchro files ( if available);
Existing signal timing plans and phasing information at each signal location; and Traffic collision data for last three years.
Task 9. 1.2 Data Collection by TJKM
Under this task, TJKM will collect the following data in the field. Before collecting the data, TJKM will prepare the data collection plan that will document the dates for each of the data collection efforts, QA/ QC process, validation process. The data collection plan will be updated based on the suggestion/ comments provided by City staff. Upon approval of the data collection plan TJKM will collect the following data in the field:
Consecutive seven- day traffic volumes at 10 locations in total along the study corridors. In addition, the TJKM Team also proposes to conduct classification counts at the same locations to determine the percent of heavy vehicles on the study corridors. TJKM will provide a preliminary list of count locations to the City for approval. Upon receipt of approval from City Project Manager, TJKM will collect the traffic volumes at the approved locations. TJKM will ensure that there are no construction activities in the vicinity of the project area which would affect traffic patterns and the schools are in session during the days the data is collected.
The traffic volumes will be collected in 15- minute intervals and the speed data will show average speed, 85th percentile and median speeds along the corridors.
Two- hour weekday AM ( 7: 00 AM to 9: 00 AM), Midday( 11: 00 AM to 1: 00 PM) and PM ( 4: 00 PM to 6: 00 PM) peak periods vehicular, pedestrian, and bicycle turning movement counts at all study locations.
Task 9. 1. 3 Field Observations
TJKM traffic engineers will also conduct field observations, which will include driving the study corridor to assess the characteristics of traffic. Traffic engineers in the field will observe intersection operations and will also look for the following factors, but not limited to:
Intersections which define the boundaries of potential subsystems and drive the cycle lengths Closely- spaced intersections, over-saturated intersections, and potential problems with early green Need for cross- coordination where systems intersect
Saturation flows for major movements at major intersections Lane utilization ( evenly used, or bunched in one lane) and activities which restrict the free flow of traffic Pedestrian and bicycle activity
Cycle length ( green time left over or cycle failure, etc.) Possible intense side street demand during short periods from special events or uses Left- turn pockets too short for demand ( need to provide dual- entry)
JKM
ATTACHMENT 2
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Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
Any intersections with split phases, shared turn and through lanes, lead- lag phasing, protectedpermissive, right-turn on red operations etc.
At saturated intersections, queue lengths, saturation flow, and short- count vehicle classification will be conducted
Task 9. 1. 4 Before Travel Time Runs
Before Study"— Using floating car method TJKM will collect and document a minimum of four GPS travel time surveys and one video travel time run along each of the study corridors during the peak periods for the study scenarios during weekdays and weekends. In addition, TJKM will also collect the following information:
Existing posted speed limit data Parking maneuvers
Lost time for typical movements Bus route information
Saturation flow rates for unopposed movements Transit frequencies Task 9. 1. 5 Traffic Signal Databases
TJKM will conduct and document field review of the study corridor as well as each intersection' s lane geometry, traffic signal phasing and operation. TJKM will prepare figures illustrating all of the pertinent data collected under Tasks 9. 1. 1 through 9. 1. 4 and will submit for review databases showing pertinent intersection data for each study corridor and intersection.
TJKM will collect available signal timing plans for the study intersections from the City of Manteca and Caltrans, and verify and validate the signal timing and phasing information at each signal location. It is assumed that the City of Manteca staff will be available to assist TJKM to access the signal controller cabinet, if needed. TJKM will also conduct accident analysis based on the accident data collected from the City.
DELIVERABLES
Raw Data from peak hour turning movement counts( vehicular, pedestrian, and bicycles), intersection lane geometry, raw datafrom seven day traffic volume and speed data, inventory oftraffic signal timings and phasing' s, data from floating car studies, and Technical Memorandum summarizing all of the data collected under this task( Draft and Final)
Task 9.2 Existing Conditions/ Baseline
Task 9.2.1 Existing Conditions Baseline Synchro Models
TJKM will review all the traffic data collected under Task 9. 1, to ensure accuracy prior to use in the update of baseline Synchro models for all timing plan periods.
Review Timing Settings: Under this task, the TJKM Team will review current actuated settings and detector locations for each intersection to identify opportunities to minimize delay during non- coordinated periods and enhance pedestrian and bicyclist safety. The analysis will include, but not limited to, review of minimum and maximum green settings; yellow and red times; bicycle timing; pedestrian timing; gap, extension, and reduction settings, phase sequence and right- turn on red operations for necessary adjustments to the model. TJKM will also investigate the feasibility of implementing conditional service for protected left-turn movements based on data collected in previous tasks and arrival patterns.
Review Collision History: Under this task, the TJKM Team will review collision history within the study area to identify collision patterns that are susceptible to correction through signal timing. Based on the review, TJKM will provide recommendations.
Traffic Model Calibration and Validation: After review and ensuring the accuracy of the traffic data TJKM will develop the Synchro and SimTraffic models for the study scenarios. Traffic models will be developed using Synchro Version 10.0 software for the project. Saturation flow rates, peak hour factors, heavy vehicles, buses, etc. collected in the field will be used in the development of the traffic models. Existing timing plans based on
JKM
ATTACHMENT 2
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Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
signal timing sheets will be entered into the traffic models. No default factors within the Synchro software will be used in the development of the traffic models without prior authorization from the City Project Manager. The calibration and validation process will be aimed to eliminate all errors in the model and adjust traffic parameters to a point that the model can simulate existing operations and traffic conditions with reasonable accuracy.
Essentially the parameters for calibration are saturation flow rates, queue lengths and average travel speeds on the streets. Lane utilization data, lost time and sneakers data will be also used to calibrate the Synchro model.
The calibrated Synchro model will be checked against the observed queue lengths in the field, travel times, and the speeds.
Task 9. 2. 2 Determine Baseline Measure of Effectiveness ( MOE) Synchro model will be used to estimate the measures of effectiveness for signalized intersections and arterials.
The following MOE will be estimated and reported:
Average delay Maximum queue length
Travel time Average speed
Level of service ( LOS) Volume to capacity ratio
Number of stops Fuel consumption and emissions
DELIVERABLES
Technical Memorandum- Analysis of Existing Conditions( Draft and Final) Calibrated Synchro electronic model with existing timings and parameters Task 9.3 Signal Timing Plan Optimization
The optimized signal timing plans will be evaluated and developed taking into the following considerations but not limited to:
Optimum coordination timing, lead/ lag or lead/ lead left-turn phasing as deemed appropriate ( except at Protected/ Permissive locations, where phasing will be lead/ lead only), double cycling, and other such techniques.
Timing parameters, which provide adequate splits and corresponding offsets that fully, accommodate pedestrians and bicycles within the split time.
Appropriate cycle lengths consistent with City goals and special local issues.
Recommend time- of-day start and stop intervals for the various timing plans based on the 24- hour traffic volumes collected.
Optimized timing plans will be developed for the weekday AM, Midday, and PM peak periods.
Task 9.3. 1 Update of Existing (Basic) Timing Parameters Under this task, the TJKM Team at a minimum, but not limited to, will review minimum and maximum green settings, yellow change, and red clearance interval times to ensure that they meet the most current California MUTCD standards and are consistent with the posted speed limit based on the most recent traffic and engineering surveys. We will also review the pedestrian walk time and flashing don' t walk timings to check their compliance with the current California MUTCD standards. The TJKM Team will summarize the comparisons of existing and recommended changes in a format to be presented to the City for approval. Upon approval of the recommended changes from the City, the TJKM Team will utilize the recommended/ approved changes in the development of the optimized coordinated parameters.
Task 9. 3. 2 Develop Draft Optimized Signal Timings
TJKM will develop optimized signal timing plans using validated and calibrated Synchro models for the seven study scenarios combined with sound engineering practices, in compliance with the MUTCD guidelines and City signal timing policy. TJKM will evaluate options such as, but not limited to, half cycle, twice per cycle left-turn phasing, directional preference, signal grouping, and cross- coordination in the development of optimized and coordinated signal timing plans.
JKM
ATTACHMENT 2
u 4
Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
The optimized timing plans will be checked for" reasonableness". TJKM will evaluate the likely reasons for longer than typical cycle lengths, over-saturated conditions, left-turn queues backing out of left turn pockets and extremely short or long phases. Typically, there may be an over-saturated approach that drives up the system cycle length as the programs attempt to find a cycle length where all critical movements have a volume/ capacity v/ c) less than 1. 0. When the conditions of these all- but- unmanageable approaches are eliminated from the model, there are typically significant improvements in the timing for all other signals in the system with far less delay, etc. Our traffic engineers have found it is usually best to exclude extreme conditions when developing optimized timing plans. This of course, implies that experienced traffic engineers will need to extensively review model output and adjust as necessary. The point is that none of the timing optimization programs automatically come up with the best timing- our experienced traffic engineers can typically get another 10% increase in performance through a careful review of the program output. Factors not entirely considered by Synchro include anchor points ( which represent a " wall' or barrier to coordination because of over- saturation), queues blocking access to turn lanes and through lanes, turning volumes greater than through traffic volumes, uneven lane utilization, and other factors that work against" out of the box" timing solutions from the program.
A critical issue in developing timing plans is the grouping of signals into systems and subsystems. The best system or subsystem for any given signal may change from time period to time period as traffic conditions change over the day. Generally, spacing between signals is the primary factor, but special volume patterns may alter this equation, as do speed of traffic, optimum cycle lengths of adjacent signals, and of course, bandwidth efficiency. TJKM will evaluate with Synchro to determine the relative benefits of using lead- lag or lag- lead leftturn phasing to increase the through band in both directions. Additionally, based on experience with the City of Manteca and their preference to maintain same cycle length throughout the corridor, TJKM will develop timing plans with the same cycle lengths for each study peak period.
SimTraffic model calibrated for existing conditions will be used for fine-tuning of the optimized timings. This will help to evaluate the benefits of optimize timings and help to fine- tune the optimized timings before implementation. Upon development of optimized timing plans, TJKM will prepare a technical memorandum summarizing the work completed under this task.
Task 9. 3. 3 Implementation
TJKM will review comments received from City of Manteca and revise the draft optimized timing plans. TJKM will develop final signal timing improvement plan and timing sheets incorporating the comments received and submit to the City of Manteca stafffor review and approval. TJKM upon approval from the City staff will assist City staff to implement the signal timing parameters, optimized timing plans, and other controller settings at the study intersections through a Centralized Database.
DELIVERABLES
Technical Memorandum— Signal Timing Improvement Plan ( Draft and Final), and Synchro Electronic Model with Recommended Timings
Task 9.4 Fine- Tuning
TJKM will fine- tune the optimized timing plans implemented at the study intersections during the peak periods and/ or each time- of-day interval. Fine-tuning of the optimized signal timing and offsets will be conducted in the field while monitoring the operations. Additionally, fine-tuning will be conducted with all intersections running on maximum recall based on experience with the City of Manteca and their preference for fine- tuning with maximum recall on. This helps eliminate issues such as early green for low volume phases and replicates the coordination bandwidth as is developed using the microsimulation software. Adjustment made in the field during fine- tuning will be documented and included in the final report. Timing sheets will be updated based on adjustments made during fine- tuning of the optimized timing plans in a format agreed upon with City of Manteca.
ATTACHMENT 2
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Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
Task 9.5After Travel Time Runs
Following the signal timing plan implementation, and fine-tuning, TJKM will collect a minimum of four GPS travel time surveys and one video(" after") travel time runs during the same periods as existing conditions along the study corridors. TJKM will document and develop a comparison report of the" before" and" after" results and summarize improvements, time savings, estimated fuel savings, delay savings, and others deemed appropriate.
Based on the final optimized timing plans implemented in the field, TJKM will generate and compare the same MOE' s that were generated in earlier task for existing conditions to determine the level of improvement provided by the new timing plans.
Task 9.6Documentation & Submittals
TJKM will prepare a report with an executive summary summarizing the efforts performed and details of the project in a concise document including the MOE' s and comparisons resulting from the signal timing improvement efforts. The report will include MOE' s for each intersection, corridor, and for the entire system as a result of the optimized timing, with emphasis on the amount of fuel savings and emissions reduction. The report will also include recommendations for improvements and adjustments based on the study findings. The report will include figures for each intersection showing lane configurations, signal phasing, turning movement data, and cycle lengths for existing and proposed timings for all peak periods.
The Draft Study Report will be prepared for review and comment. Once comments are received and incorporated, TJKM will prepare and submit three hard copies of the final report with a CD containing the following:
Report( Draft and Final)
All Synchro, data collected and GPS based travel time run files ( electronic and hard copies) Fact sheet for the project
Pdf version of the report
Any other miscellaneous work products
Task 10: Public Outreach
Under this task, TJKM Team will conduct three( 3) public outreach meetings to request input and feedback from the community; integrating public comments and provide project update; and provide construction schedule and notifications to the community about the project.
Public Meeting No. 1— This meeting will be conducted around the 35% PS& E stage but before the NEPA CE. The intent of this meeting is to inform the public about the project, project schedule and at the same time receive feedback and input from the public.
Public Meeting No. 2— This meeting will be conducted at the 65% PS& E stage after the NEPA CE and ROW Certification is received. The intent of this meeting will be to provide an update of the project to the public, and at the same time inform the public that the input/ feedback received from Public Meeting No. 1 were incorporated or addressed in the project. If any of the input/ feedback is not incorporated in the project, TJKM Team will provide the reasoning to the public for not incorporating them.
Pubic Meeting No. 3— After the 95% PS& E stage, TJKM Team will conduct this meeting to provide an update to the public on the construction schedule and any final notification.
Exact timings of the public meeting will be determined in consultation with City staff.
EXCEPT-IONS • THE SCOPEOF
Please note that the following are not included in the Work Plan detailed above:
Topographic Surveying;
Hazardous waste testing, monitoring, and contingency plan for both site and building demolition work;
f. JKM
ATTACHMENT 2
Scope of Work for the
Traffic Signal Update Project I HSIPL 5242 ( 034)
Geotechnical monitoring;
Potholing;
Construction management, inspection, supervision, and scheduling; Gas, electric, and telephone service design plans;
Record Survey Maps, Tentative Maps, Parcel Maps, Final Maps, and legal descriptions and sketches; and Construction staking.
PROJECT SCHEDULE
Establishing a schedule that meets the project objectives is relatively easy. Maintaining this schedule during changing project priorities, unforeseen conditions, etc., is a challenge. The project work scope is broken down by function and separated into defined tasks. Tasks are linked logically and sufficiently detailed to allow for realistic representation of the project throughout the entire duration of the project. Our proposed schedule for the project in detail is attached.
JKM
ATTACHMENT 2
Exhibit B
Fee Proposal
By and between
City of Manteca
And
TJKM
For
ENGINEERING AND ENVIRONMENTAL SERVICES
TRAFFIC SIGNAL UPDATE PROJECT ( CIP NO. 17058)
In the City of Manteca
San Joaquin County, California
ATTACHMENT 2
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ATTACHMENT 2
Local Assistance Procedures Manual Exhibit 10- H
Cost Proposal
EXHIBIT 10- H COST PROPOSAL ( EXAMPLE# 1) PAGE I OF 2
ACTUAL COST- PLUS- FIXED FEE OR LUMP SUM( FIRM FIXED PRICE) CONTRACTS
DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark- ups are Not Allowed
Consultant TJKM Transportation Consultants Contract No.
HSIPL
Date 5/ 22/ 2017
5242( 034)
DIRECT LABOR
Classification/ Title Name hours Actual Hourly Rate Total Project Manager Nayan Amin 228 81. 73 18, 634. 44
PIC/ QA/ QC Chris Kinzel 9 79. 23 713. 07
Operations Task Lead Ruta Jariwala 300 81. 73 24, 519. 00 Design Task Leader Atul Patel 296 76. 57 22, 664. 72
Data Collection Task Lead Shruti Shrivastava 280 36. 89 10, 329. 20 Engineer Erik Bjorklund 390 53. 36 20, 810. 40
Engineer Rutvij Patel 376 45. 71 17, 186. 96
Engineer Prashanth Dullu 260 46. 13 11, 993. 80
Planner Arthur Chen 80 35. 01 2, 800. 80
Engineer Sandeep Paparaju 90 34. 35 3, 091. 50
Planner Ian Lin 80 31. 36 2, 508. 80
Engineer Luis Hernandez 430 28. 23 12, 138. 90
LABOR COSTS
a) Subtotal Direct Labor Costs 147, 391. 59
b) Anticipated Salary Increases( see page 2 for sample) 6, 698. 95 c) TOTAL DIRECT LABOR COSTS f( a)+( b)] 154, 090. 54
FRINGE BENEFITS
d) Fringe Benefits Rate 56. 37% ) e) Total Fringe Benefits c) x( d)] 86, 860. 84
INDIRECT COSTS
f) Overhead Rate: 100. 34% g) Overhead[( c) x( f)] 154, 61,4. 45 h) General and Administrative Rate: 0. 00% i) Gen& Admin[( c) x( h)] 0. 00 j) Total Indirect Costs[( e)+( g)+( i)] 241, 475. 28
FEE( Profit)
q) ( Rate: 10. 00% ) k) TOTAL FIXED PROFIT[( c)+ 0)] x( q)] 39, 556. 58
OTHER DIRECT COSTS( ODC)
Description Unit( s) Unit Cost Total
I) Travel/ Mileage Costs( supported by consultant
actual costs) 2000 0. 53 1, 060. 00
m) Equipment Rental and Supplies( itemize) Data Cc 1 29, 240. 00 29,240. 00 n) Permit Fees( itemize), Plan sheets( each), Test
Holes( each), etc. 265 18. 00 4, 770. 00
o) Subconsultant Costs( attach detailed cost proposal
in same format as prime consultant estimate for Environ Clearance 7, 507. 50 each subconsultant) 0. 00
p) Total Other Direct Costs [( I)+( m)+( n)+( o)] 42, 577. 50 TOTAL COST[( c)+ 0)+( k)+( p)] 477, 699. 90
LPP 15- 01 January 14, 2015
ATTACHMENT 2
Local Assistance Procedures Manual Exhibit 10- H
NOTES:
Employees subject to prevailing wage requirements to be marked with an*.
ODC items should be based on actual costs and supported by historical data and other documentation.
ODC items that would be considered" tools of the trade" are not reimbursable.
ODC items should be consistently billed directly to all clients, not just when client will pay for them as a direct cost.
ODC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate.
EXHIBIT 10- H COST PROPOSAL ( EXAMPLE# 1) PAGE 2 OF 2
ACTUAL COST-PLUS- FIXED FEE OR LUMP SUM( FIRM FIXED PRICE) CONTRACTS
SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Consultant TJKM Transportation Consultants Contract No. HSIPL 5242( 03 Date 5/ 22/ 17
1. Calculate Average Hourly Rate for 1st year of the contract( Direct Labor Subtotal divided by total hours) 42877 Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract per Cost Proposal per Cost Proposal Rate Duration
147, 391. 59 2819 52.29 Year 1 Avg Hourly Rate
2. Calculate hourly rate for all years( Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation
Year 1 52. 29 3% 53. 85 Year 2 Avg Hourly Rate
Year 2 53. 85. 3% 55. 47 Year 3 Avg Hourly Rate
Year 3 55. 47 0% 55. 47 Year 4 Avg Hourly Rate
3. Calculate estimated hours per year( Multiply estimate% each year by total hours) Estimated% Total Hours Total Hours
Completed Each Year per Cost Proposal per Year
Year 1 50.00% 2819. 0 l409w5 Estimated Hours Year 1
Year 2 50. 00% 2819. 0 1409. 5 Estimated Hours Year 2
Year 3 0. 00% 2$ 19. 0 0. 0 Estimated Hours Year 3
Total 100% Total 2819. 0
4. Calculate Total Costs including Escalation( Multiply Average hourly Rate by the number of hours) Avg Hourly Rate Estimated hours
Cost per Year
calculated above) calculated above)
Year 1 53. 85 1410 75, 906. 67 Estimated Hours Year 1
Year 2 55. 47 1410 78, 183. 87 Estimated Hours Year 2
Year 3 55. 47 0 0. 00 Estimated Hours Year 3
LPP 15- 01 January 14, 2015
ATTACHMENT 2
Local Assistance Procedures Manual Exhibit 10- H
Total Direct Labor Cost with Escalation 154, 090. 54
Direct Labor Subtotal before Escalation 147, 391. 59
Estimated total of Direct Labor Salary Increase 6, 698. 95 Transfer to Page 1 NOTES:
This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the% increase, the# of years of the contract, and a breakdown of the labor to be performed each year.
An estimation that is based on direct labor multiplied by salary increase% multiplied by the# of years is not acceptable. i.e.$ 250, 000 x 2% x 5 yrs=$ 25, 000 is not an acceptable methodology) This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.
LPP 15- 01 January 14, 2015
ATTACHMENT 2
Manteca Traffic Signals
Consultant: Ground Zone Environmental Services, LLC
Direct Labor
Job Title Name Hours
PIC Sam Brathwaite 9
Senior Engineer Lindsay Furu aura 12
Engineer I kais Hamidi 16
Technician Jose Ambris 14
51 Labor Costs
5, 380
5, 380
a) Direct Labor Cost
b) Anticipated Salary Increases
c) Total Direct Labor Costs
Less than 9 year project
Indirect Costs
25. 00%
1, 345
Audited Fringe and Overhead Rate
Total Indirect Costs
Fee
10%
702. 50
Rate
Total Fixed Profit
Other Direct Costs
80. 00
Travel
Data Collection
0. 58/ mile
Plotting 6/sheet
Total Cost
7, 607. 60
ATTACHMENT 2
Actual Hourly Rate Total
150. 00 1, 350
115. 00 1, 380
100. 00 1, 600
75 1, 050
ATTACHMENT 2
Exhibit C
Schedule
By and between
City of Manteca
And
TJKM
For
ENGINEERING AND ENVIRONMENTAL SERVICES
TRAFFIC SIGNAL UPDATE PROJECT ( CIP NO. 17058)
In the City of Manteca
San Joaquin County, California
ATTACHMENT 2
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ATTACHMENT 2
Attachment 1
Insurance Requirements
By and between
City of Manteca
And
TJKM
For
ENGINEERING AND ENVIRONMENTAL SERVICES
TRAFFIC SIGNAL UPDATE PROJECT ( CIP NO. 17058)
In the City of Manteca
San Joaquin County, California
ATTACHMENT 2
EXHIBIT 1
Insurance Requirements for Professional Services
INSURANCE REOUIREMENTs
Consultants shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance ofthe work hereunder by the Consultant, his agents, representatives, employees or subcontractors.
Minimum Limits of Insurance: Coverage shall be at least as broad as:
Commercial General Liability
Commercial General Liability Insurance with$ 1, 000, 000 minimum limit per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/ location or the general aggregate limit shall be twice the required occurrence limit.
Commercial General Liability Additional Insured Endorsement naming the following as insured Qn 2001 or earlier issued endorsement forms:
City of Manteca, its officers, officials, employees, agents, and volunteers":
Automobile Liability
Ifthe vehicles are brought onto city facilities, covering any auto, or of Contractor has no owned autos, hired, and non-owned autos, the Contractor shall maintain automobile liability with limits no less than:
Automobile Liability Insurance with$ 1, 000,000 minimum limit per accident for bodily injury and property damage.
Automobile Liability Additional Insured Endorsement naming the following as additional insured:
City ofManteca, its officers, officials, employees, agents, and volunteers":
Worker' s Compensation
As required by the State of California, with Statutory Limits, and Employer' s Liability Insurance with limit of no less than$ 1, 000, 000 per accident for bodily injury or disease.
Professional Liability( Errors and Omissions)
Insurance appropriates to the Contractor' s profession, with limit no less than$ 1, 000, 000 per occurrence or claim,$ 1, 000, 000 aggregate
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Manteca, its officers, officials, employees, agents and volunteers are to be covered as insured' s as respect to: liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work operations. General liability coverage can be provided in the form of an endorsement to the Consultant' s insurance( at least as broad as ISO form CG 20 10 1185 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used).
2. For any claims related to this contract, the Consultant' s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers, shall be excess of the Consultant' s insurance and shall not contribute with it. 05/ 14
ATTACHMENT 2
3. The applicant' s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer' s liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty( 30) days prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant' s obligation to provide them. The City of Manteca reserves the right to require complete, certified copes of all required insurance policies, including endorsements required by these specifications, at any time.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Acceptability ofInsurers
Insurance is to be placed with insurers with a current A.M. Best' s rating of no less than A:VII, unless otherwise acceptable to the City of Manteca
Waiver ofSubrogation
Consultant hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Entity by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that The City of Manteca is an additional insured on insurance required from subcontractors.
SPECIAL RISKS OR CIRCUMSTANCES
The City of Manteca reserves the right to modify these requirements based on the nature of the risk, prior events, insurance coverage, or other special circumstances. 05/ 14
c
ATTACHMENT 2
Client#: 491 TJKMTRANS
ACORDTM CERTIFICATE OF LIABILITY INSURANCE
DATE( MMIDDIYYYY)
7/ 25/ 2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy([ es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Doris A. Chambers
Dealey, Renton& Associates PHONE 510 465- 3090 510 452- 2193 P. O. Box 12675 E- MAIL
El: A/ C, No
Oakland, CA 94604- 2675
ADDRESS: dchambers@dealeyrenton. com
INSURER( S) AFFORDING COVERAGE NAIC#
510 465- 3090- David C. Eckman
INSURER A: Travelers Indemnity Co. of Conn 25682
INSURED
INSURER B: Travelers Property Casualty Co 25674
TJKM Transportation Consultants
INSURER C: XL Specialty Insurance Co. 37885
2065 Gateway Place, Suite 400
INSURERD:
San Jose, CA 95110- 2798
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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.
LTRR TYPE OF INSURANCE NSR WVD POLICY NUMBER
ADDLISUBR MM/DDY EFF MM/DDY EXP
LIMITS
A X
COMMERCIAL GENERAL LIABILITY X X 6800JO39683 4/ 01/ 2017 04/ 01/ 201 EAAqCHqq OCTCURRENCE 1 OOO OOO CLAIMS- MADE OCCUR PREMISESaoccuante $ 1 OOO OOO
MED EXP( Any one person) $ 10 000
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2, 000, 000 POLICY FXIPRO- ECT F LOC PRODUCTS- COMP/ OP AGG $ 2, 000, 000 OTHER
B AUTOMOBILE LIABILITY X X BA9C242599 4/ 01/ 2017 04/ 01/ 201 COMBINED Ea accident SINGLE LIMIT 1, 000, 000 X ANY AUTO BODILY INJURY( Per person) $
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY( Per accident) $
X HIRED AUTOS X
NON- OWNED PROPERTY DAMAGE
AUTOS Per accident
UMBRELLA LIAB OCCUR EACH OCCURRENCE
EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
B
AND EMPLOYERS' LIABILITY
WORKERS COMPENSATION X UB4052T603 4/01/ 2017 04/ 01/ 201 XPER OTHANY PROPRIETOR/ PARTNER/ EXECUTIVE Y I N
E L EACH ACCIDENT 1, 000, 000
OFFICER/ MEMBER EXCLUDED? N/ A
Mandatory in NH) E L DISEASE- EA EMPLOYEE $ 1, 000, 000 If yes, describe under
DESCRIPTION OF OPERATIONS below E L DISEASE- POLICY LIMIT $ 1, 000, 000 C Professional X DPR9912709 4/01/ 2017 04/ 01/ 201 $ 2, 000, 000 per Claim Liability 2, 000, 000 Ann[ Aggr.
DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES( ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES.
REF: City of Manteca Traffic Signal Update Project( HSIPL 5242( 034).- GENERAL LIABILITY/ AUTOMOBILE LIABILITY ADDITIONAL INSURED: The City of Manteca, its elected and appointed officers, officials, employees, agents and volunteers. Commercial General Liability and Automobile Liability is primary and non contributory per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City f
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty o Manteca THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Matiel Holloway, P. E. ACCORDANCE WITH THE POLICY PROVISIONS.
Public Works Department
1001 West Center Street, Suite E
AUTHORIZED REPRESENTATIVE
Manteca, CA 95337- 0000
1988- 2014 ACORD CORPORATION. All rights reserved.
ACORD 25( 2014/ 01) 1 of 2 The ACORD name and logo are registered marks of ACORD S2078941/ M1983757 DAC
ATTACHMENT 2
DESCRIPTIONS ( Continued from Page 1)
Liability and Workers Compensation. Cancellation provisions are solely as shown on this certificate.
Cancellation: 30 Day/ 10 Day for Non- Payment of Premium.
SAGITTA 25. 3( 2014/ 01) 2 of 2
S2078941/ M7983757
ATTACHMENT 2
Policy Number: 6800J039683
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. The following is added to SECTION II - WHO IS its of insurance described in Section III - LimAN INSURED: its Of Insurance.
Any person or organization that you agree in a
h. This insurance does not apply to " bodily injuwritten contract requiring insurance" to include as ry" or " property damage" caused by " your an additional insured on this Coverage Part, but: work" and included in the " productsa. Only with respect to liability for" bodily injury", completed operations hazard" unless the
property damage" or" personal injury"; and ttetr ct requiring in such coverage specificallyrequiresY P 9
b. If, and only to the extent that, the injury or for that additional insured, and then the insurdamage is caused by acts or omissions of ance provided to the additional insured apyou or your subcontractor in the performance plies only to such " bodily injury" or " property of " your work" to which the " written contract damage" that occurs before the end of the perequiring insurance" applies, or in connection riod of time for which the " written contract rewith premises owned by or rented to you. quiring insurance" requires you to provide The person or organization does not qualify as an
such coverage or the end of the policy period,
additional insured:
whichever is earlier.
c. With respect to the independent acts or omis2. The following is added to Paragraph 4.a. of SECsions of such person or organization; or
TION IV - COMMERCIAL GENERAL LIABILITY
CONDITIONS:
d. For" bodily injury", " property damage" or" per- The insurance provided to the additional insured sonal injury" for which such person or organiis excess over any valid and collectible other inzation has assumed liability in a contract or surance, whether primary, excess, contingent or
agreement.
on any other basis, that is available to the addiThe insurance provided to such additional insured tional insured for a loss we cover. However, if you is limited as follows: specifically agree in the " written contract requiring e. This insurance does not apply on any basis to insurance" that this insurance provided to the adany person or organization for which cover- ditional insured under this Coverage Part must age as an additional insured specifically is apply on a primary basis or a primary and nonadded by another endorsement to this Cover- contributory basis, this insurance is primary to age Part. other insurance available to the additional insured f. This insurance does not apply to the render- which covers that person or organizations as a ing of or failure to render any " professional named insured for such loss, and we will not services". share with the other insurance, provided that:
g. In the event that the Limits of Insurance of the 1) The " bodily injury" or " property damage" for Coverage Part shown in the Declarations exwhich coverage is sought occurs; and ceed the limits of liability required by the" writ- 2) The " personal injury" for which coverage is ten contract requiring insurance", the insur- sought arises out of an offense committed; ance provided to the additional insured shall
after you have signed that" written contract requir- be limited to the limits of liability required by ing insurance". But this insurance provided to the that " written contract requiring insurance'. additional insured still is excess over valid and
This endorsement does not increase the limCG D3 81 09 15 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission ATTACHMENT 2
COMMERCIAL GENERAL LIABILITY
collectible other insurance, whether primary, ex- such person or organization signed by you becess, contingent or on any other basis, that is fore, and in effect when, the " bodily injury" or available to the additional insured when that per- property damage" occurs, or the" personal injury" son or organization is an additional insured under offense is committed. any other insurance. 4. The following definition is added to the DEFINI3. The following is added to Paragraph 8., Transfer TIONS Section:
Of Rights Of Recovery Against Others To Us, Written contract requiring insurance" means that of SECTION IV - COMMERCIAL GENERAL LI- part of any written contract under which you are ABILITY CONDITIONS:
required to include a person or organization as an
We waive any right of recovery we may have additional insured on this Coverage Part, providagainst any person or organization because of ed that the " bodily injury" and " property damage" payments we make for " bodily injury", " property occurs and the " personal injury" is caused by an damage" or " personal injury" arising out of " your offense committed:
work" performed by you, or on your behalf, done
a. After you have signed that written contract;
under a " written contract requiring insurance" with
that person or organization. We waive this right
b. While that part of the written contract is in efonly where you have agreed to do so as part of fect; and
the " written contract requiring insurance" with c. Before the end of the policy period.
Includes the copyrighted material of Insurance Services Office, Inc., with its permission ATTACHMENT 2
POLICY NUMBER: BA9C242599 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.
This endorsement identifies person( s) or organization( s) who are " insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.
Named Insured: TJKM Transportation Consultants
Endorsement Effective Date: 04/ 01/ 2017
SCHEDULE
Name Of Person( s) Or Organization( s):
NAME OF PERSON OR ORGANIZATION CONTINUATION: The City of Manteca, its elected and appointed officers, officials, employees, agents and volunteers.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an " insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D. 2. of Section I — Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13 C Insurance Services Office, Inc., 2011 Page 1 of 1 ATTACHMENT 2
TJKM Transportation Consultants BA9C242599
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE FORM
Various provisions in this policy restrict coverage. SECTION I — COVERED AUTOS Read the entire policy carefully to determine rights, Item Two of the Declarations shows the " autos" that duties and what is and is not covered.
are covered " autos" for each of your coverages. The
Throughout this policy the words " you" and " your" re- following numerical symbols describe the " autos" that fer to the Named Insured shown in the Declarations. may be covered " autos". The symbols entered next to The words " we", " us" and " our" refer to the company a coverage on the Declarations designate the only providing this insurance. autos" that are covered" autos".
Other words and phrases that appear in quotation A. Description Of Covered Auto Designation marks have special meaning. Refer to Section V — Symbols Definitions.
Symbol Description Of Covered Auto Designation Symbols
1 Any" Auto"
2 Owned" Autos" Only those" autos" you own( and for Covered Autos Liability Coverage any Only trailers" you don' t own while attached to power units you own). This includes those" autos" you acquire ownership of after the policy begins. 3 Owned Private Only the private passenger" autos" you own. This includes those private Passenger passenger" autos" you acquire ownership of after the policy begins.
Autos" Only
4 Owned Only those" autos" you own that are not of the private passenger type( and for Autos" Other Covered Autos Liability Coverage any" trailers" you don' t own while attached to Than Private power units you own). This includes those" autos" not of the private passenger Passenger type you acquire ownership of after the policy begins.
Autos" Only
5 Owned" Autos" Only those" autos" you own that are required to have no- fault benefits in the state Subject To where they are licensed or principally garaged. This includes those" autos" you No- fault acquire ownership of after the policy begins provided they are required to have nofault benefits in the state where they are licensed or principally garaged. 6 Owned" Autos" Only those" autos" you own that because of the law in the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage. This includes those" autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the same state uninsured motorists Motorists Law requirement.
7 Specifically Only those" autos" described in Item Three of the Declarations for which a Described premium charge is shown( and for Covered Autos Liability Coverage any" trailers" Autos" you don' t own while attached to any power unit described in Item Three). 8 Hired" Autos" Only those" autos" you lease, hire, rent or borrow. This does not include any" auto" Only you lease, hire, rent or borrow from any of your" employees", partners( if you are a partnership), members( if you are a limited liability company) or members of their households.
9 Non- owned Only those" autos" you do not own, lease, hire, rent or borrow that are used in Autos" Only connection with your business. This includes" autos" owned by your" employees", partners( if you are a partnership), members( if you are a limited liability company) or members of their households but only while used in your business or your personal affairs.
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COMMERCIAL AUTO
19 Mobile Equip- Only those" autos" that are land vehicles and that would qualify under the definition ment Subject To of" mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle insurance law where they are Financial licensed or principally garaged.
Responsibility
Or Other Motor
Vehicle Insurance Law Only
B. Owned Autos You Acquire After The Policy SECTION II — COVERED AUTOS LIABILITY COVBegins ERAGE
1. If Symbols 1, 2, 3, 4, 5, 6 or 19 are entered A. Coverage next to a coverage in Item Two of the Decla- We will pay all sums an" insured" legally must pay rations, then you have coverage for " autos" as damages because of " bodily injury" or " propthat you acquire of the type described for the erty damage" to which this insurance applies, remainder of the policy period. caused by an " accident" and resulting from the
2. But, if Symbol 7 is entered next to a coverage ownership, maintenance or use of a covered in Item Two of the Declarations, an" auto" you
auto".
acquire will be a covered " auto" for that cov- We will also pay all sums an " insured" legally erage only if: must pay as a" covered pollution cost or expense" a
to which this insurance applies, caused by an We already cover all" autos" that you own for that coverage or it replaces an " auto"
accident" and resulting from the ownership,
you previously owned that had that covmaintenance or use of covered" autos". However, we will only pay for the " covered pollution cost or
erage; and
expense" if there is either" bodily injury" or" propb. You tell us within 30 days after you ac- erty damage" to which this insurance applies that quire it that you want us to cover it for that is caused by the same" accident". coverage. We have the right and duty to defend any " inC. Certain Trailers, Mobile Equipment And Tem- sured" against a " suit" asking for such damages porary Substitute Autos or a " covered pollution cost or expense". However, we have no duty to defend any " insured" If Covered Autos Liability Coverage is provided by against a " suit" seeking damages for " bodily in- this Coverage Form, the following types of vehijury" or " property damage" or a " covered pollution cles are also covered " autos" for Covered Autos cost or expense" to which this insurance does not Liability Coverage: apply. We may investigate and settle any claim or
1. " Trailers" with a load capacity of 2, 000 suit" as we consider appropriate. Our duty to depounds or less designed primarily for travel fend or settle ends when the Covered Autos Lion public roads. ability Coverage Limit of Insurance has been ex2. " Mobile equipment" while being carried or hausted by payment of judgments or settlements.
towed by a covered" auto".
1. Who Is An Insured
3. Any " auto" you do not own while used with The following are" insureds":
the permission of its owner as a temporary a. You for any covered" auto". substitute for a covered" auto" you own that is b. Anyone else while using with your perout of service because of its: mission a covered" auto" you own, hire or a. Breakdown; borrow except:
b. Repair; 1) The owner or anyone else from
c. Servicing;
whom you hire or borrow a covered
auto".
d " Loss"; or This exception does not apply if the
e. Destruction. covered" auto" is a" trailer" connected to a covered" auto" you own.
ATTACHMENT 2
COMMERCIALAUTO
2) Your" employee" if the covered" auto" pay interest ends when we have paid, is owned by that " employee" or a offered to pay or deposited in court member of his or her household. the part of the judgment that is within 3) Someone using a covered " auto" our Limit of Insurance. while he or she is working in a busi- These payments will not reduce the Limit ness of selling, servicing, repairing, of Insurance.
parking or storing " autos" unless that b. Out-of-state Coverage Extensions business is yours.
While a covered " auto" is away from the
4) Anyone other than your" employees", state where it is licensed, we will:
partners ( if you are a partnership),
members ( if you are a limited liability 1) Increase the Limit of Insurance for company) or a lessee or borrower or Covered Autos Liability Coverage to any of their " employees", while mov- meet the limits specified by a coming property to or from a covered pulsory or financial responsibility law auto". of the jurisdiction where the covered
auto" is being used. This extension
5) A partner( if you are a partnership) or does not apply to the limit or limits a member( if you are a limited liability specified by any law governing motor company) for a covered" auto" owned carriers of passengers or property. by him or her or a member of his or
her household. 2) Provide the minimum amounts and
c. Anyone liable for the conduct of an " intypes of other coverages, such as nofault, required of out- of- state vehicles sured" described above but only to the by the jurisdiction where the covered extent of that liability. auto" is being used.
2. Coverage Extensions We will not pay anyone more than once a. Supplementary Payments for the same elements of loss because of We will pay for the" insured": these extensions.
1) All expenses we incur.
B. Exclusions
2) Up to $ 2, 000 for cost of bail bonds This insurance does not apply to any of the folincluding bonds for related traffic law lowing:
violations) required because of an 1. Expected Or Intended Injury accident" we cover. We do not have Bodily injury" or" property damage" expected to furnish these bonds. or intended from the standpoint of the " in3) The cost of bonds to release attach- sured". ments in any " suit" against the " in- 2. Contractual
sured" we defend, but only for bond
amounts within our Limit of Insur- Liability assumed under any contract or ance.
agreement.
4) All reasonable expenses incurred by But this exclusion does not apply to liability the" insured" at our request, including for damages:
actual loss of earnings up to $ 250 a a. Assumed in a contract or agreement that day because of time off from work. is an " insured contract", provided the 5) All court costs taxed against the " in- bodily injury" or " property damage" ocsured" in any " suit" against the " in- curs subsequent to the execution of the sured" we defend. However, these contract or agreement; or payments do not include at- b. That the " insured" would have in the abtorneys' fees or attorneys' expenses sence of the contract or agreement. taxed against the" insured". 3. Workers' Compensation
All interest on the full amount of any 6) Any obligation for which the " insured" or the judgment that accrues after entry of insured' s" insurer may be held liable under the judgment in any" suit" against the
any workers' compensation, disability benefits
insured" we defend, but our duty to
CA 00 01 10 13 0 Insurance Services Office, Inc., 2011 Page 3 of 12 ATTACHMENT 2
COMMERCIAL AUTO
or unemployment compensation law or any 7. Handling Of Property similar law. Bodily injury" or " property damage" resulting
4. Employee Indemnification And Employer' s from the handling of property:
Liability a. Before it is moved from the place where it Bodily injury" to: is accepted by the " insured" for movea. An" employee" of the" insured" arising out ment into or onto the covered" auto"; or
of and in the course of: b. After it is moved from the covered " auto" 1) Employment by the" insured"; or
to the place where it is finally delivered by
the" insured".
2) Performing the duties related to the
g, Movement Of Property By Mechanical Deconduct of the " insured' s" business; vice or
Bodily injury" or " property damage" resulting
b. The spouse, child, parent, brother or sis- from the movement of property by a meter of that " employee" as a consequence chanical device ( other than a hand truck) of Paragraph a. above. unless the device is attached to the covered This exclusion applies: auto".
1) Whether the " insured" may be liable 9. Operations
as an employer or in any other ca- Bodily injury" or " property damage" arising pacity; and out of the operation of:
2) To any obligation to share damages a. Any equipment listed in Paragraphs 6. b. with or repay someone else who and 6. c. of the definition of " mobile must pay damages because of the in- equipment"; or
jury. b. Machinery or equipment that is on, atBut this exclusion does not apply to " bodily in- tached to or part of a land vehicle that jury" to domestic " employees" not entitled to would qualify under the definition of " moworkers' compensation benefits or to liability bile equipment" if it were not subject to a assumed by the " insured" under an " insured compulsory or financial responsibility law contract". For the purposes of the Coverage
or other motor vehicle insurance law
Form, a domestic " employee" is a person enwhere it is licensed or principally garaged. gaged in household or domestic work per10. Completed Operations formed principally in connection with a resi- Bodily injury" or " property damage" arising dence premises. out of your work after that work has been
5. Fellow Employee completed or abandoned.
Bodily injury" to: In this exclusion, your work means:
a. Any fellow " employee" of the " insured" a. Work or operations performed by you or arising out of and in the course of the fel- on your behalf; and low " employee' s" employment or while b. Materials, parts or equipment furnished in performing duties related to the conduct connection with such work or operations. of your business; or Your work includes warranties or representab. The spouse, child, parent, brother or sis- tions made at any time with respect to the fitter of that fellow " employee" as a conse- ness, quality, durability or performance of any quence of Paragraph a. above. of the items included in Paragraph a. or b.
6. Care, Custody Or Control above.
Property damage" to or " covered pollution
Your work will be deemed completed at the
cost or expense" involving property owned or earliest of the following times:
transported by the " insured" or in the " in- 1) When all of the work called for in your sured' s" care, custody or control. But this ex- contract has been completed; clusion does not apply to liability assumed 2) When all of the work to be done at under a sidetrack agreement. the site has been completed if your
ATTACHMENT 2
COMMERCIAL AUTO
contract calls for work at more than 2) The " bodily injury", " property damone site; or age" or" covered pollution cost or ex3) When that part of the work done at a pense" does not arise out of the opjob site has been put to its intended eration of any equipment listed in use by any person or organization
Paragraphs 6. b. and 6. c. of the defiother than another contractor or subnition of" mobile equipment". contractor working on the same proParagraphs b. and c. above of this exclusion ject. do not apply to " accidents" that occur away
Work that may need service, maintenance, from remises owned by or rented to an " insured' with respect to pollutants" not in or correction, repair or replacement, but which is upon a covered" auto" if:
otherwise complete, will be treated as completed. a) The " pollutants" or any property in which the " pollutants" are con11. Pollution tained are upset, overturned or Bodily injury" or " property damage" arising damaged as a result of the mainout of the actual, alleged or threatened dis- tenance or use of a covered charge, dispersal, seepage, migration, re- auto"; and
lease or escape of" pollutants": b) The discharge, dispersal, seepa. That are, or that are contained in any age, migration, release or escape
property that is: of the " pollutants" is caused directly by such upset, overturn or 1) Being tr ns rt d or towed b han- damage. Bled or rar c ed for movement into, onto or from the covered" auto";
12' War
2) Otherwise in the course of transit by Bodily injury" or " property damage" arising or on behalf of the" insured"; or
directly or indirectly out of:
3) Being stored, disposed of, treated or
a. War, including undeclared or civil war;
processed in or upon the covered b. Warlike action by a military force, includauto"; ing action in hindering or defending against an actual or expected attack, by
b. Before the " pollutants" or any property in
any government, sovereign or other auwhich the " pollutants" are contained are thority using military personnel or other moved from the place where they are ac- agents; or
cepted by the" insured" for movement into
c. Insurrection, rebellion, revolution,
or onto the covered" auto"; or
usurped power or action taken by govc. After the " pollutants" or any property in ernmental authority in hindering or dewhich the " pollutants" are contained are fending against any of these. moved from the covered " auto" to the 13.
Racing
place where they are finally delivered,
disposed of or abandoned by the " in_ Covered " autos" while used in any profesdispos sional or organized racing or demolition contest or stunting activity, or while practicing for Paragraph a. above does not apply to fuels, such contest or activity. This insurance also lubricants, fluids, exhaust gases or other simi- does not apply while that covered " auto" is lar " pollutants" that are needed for or result being prepared for such a contest or activity. from the normal electrical, hydraulic or me- C. Limit Of Insurance chanical functioning of the covered " auto" or
its parts if: Regardless of the number of covered " autos", insureds", premiums paid, claims made or vehi1) The " pollutants" escape, seep, mi- cles involved in the " accident", the most we will grate or are discharged, dispersed or pay for the total of all damages and " covered polreleased directly from an " auto" part lution cost or expense" combined resulting from designed by its manufacturer to hold, any one " accident" is the Limit Of Insurance for store, receive or dispose of such" pol- Covered Autos Liability Coverage shown in the lutants"; and Declarations.
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COMMERCIAL AUTO
All " bodily injury", " property damage" and " cov- a. Glass breakage; ered pollution cost or expense" resulting from b. " Loss" caused by hitting a bird or animal; continuous or repeated exposure to substantially and
the same conditions will be considered as resulting from one" accident". c. " Loss" caused by falling objects or misNo one will be entitled to receive duplicate paysiles. ments for the same elements of " loss" under this However, you have the option of having glass Coverage Form and any Medical Payments Cov- breakage caused by a covered " auto' s" collierage endorsement, Uninsured Motorists Cover- sion or overturn considered a " loss" under age endorsement or Underinsured Motorists Collision Coverage.
Coverage endorsement attached to this Coverage 4. Coverage Extensions Part.
a. Transportation Expenses
SECTION III — PHYSICAL DAMAGE COVERAGE
Y
A. Coverage mum ofPIMC, for$temporary'transpoarta1. We will pay for " loss" to a covered " auto" or tion expense incurred by you because of its equipment under: the total theft of a covered " auto" of the a. Comprehensive Coverage private passenger type. We will pay only for those covered " autos" for which you
From any cause except: carry either Comprehensive or Specified 1) The covered " auto's" collision with Causes Of Loss Coverage. We will pay another object; or for temporary transportation expenses incurred during the period beginning 48 2) The covered" auto' s" overturn. hours after the theft and ending, regardb. Specified Causes Of Loss Coverage less of the policy' s expiration, when the Caused by: covered " auto" is returned to use or we
1) Fire, lightning or explosion;
pay for its" loss".
b. Loss Of Use Expenses
2) Theft;
For Hired Auto Physical Damage, we will
3) Windstorm, hail or earthquake;
pay expenses for which an " insured" be4) Flood; comes legally responsible to pay for loss 5) Mischief or vandalism; or
of use of a vehicle rented or hired without
a driver under a written rental contract or
6) The sinking, burning, collision or de- agreement. We will pay for loss of use railment of any conveyance transport- expenses if caused by: ing the covered auto'. 1) Other than collision only if the DeclaC. Collision Coverage rations indicates that Comprehensive Caused by: Coverage is provided for any covered
1) The covered " auto's" collision with
auto";
another object; or 2) Specified Causes Of Loss only if the 2) The covered" auto' s" overturn.
Declarations indicates that Specified
Causes Of Loss Coverage is pro2. Towing vided for any covered " auto'; or We will pay up to the limit shown in the Decla- 3) Collision only if the Declarations indirations for towing and labor costs incurred cates that Collision Coverage is proeach time a covered " auto" of the private vided for any covered" auto". passenger type is disabled. However, the labor must be performed at the place of disHowever, the most we will pay for any ablement. expenses for loss of use is $ 20 per day,
to a maximum of$ 600.
3. Glass Breakage — Hitting A Bird Or Animal
B. Exclusions
Falling Objects Or Missiles
If you carry Comprehensive Coverage for the
1. We will not pay for" loss" caused by or resultdamaged covered " auto", we will pay for the ing from any of the following. Such " loss" is following under Comprehensive Coverage: excluded regardless of any other cause or
ATTACHMENT 2
COMMERCIAL AUTO
event that contributes concurrently or in any installed, that reproduces, receives or sequence to the" loss". transmits audio, visual or data signals. a. Nuclear Hazard d. Any accessories used with the electronic 1) The explosion of any weapon emequipment described in Paragraph c. ploying atomic fission or fusion; or
above.
2) Nuclear reaction or radiation, or ra5. Exclusions 4. c. and 4. d. do not apply to dioactive contamination, however equipment designed to be operated solely by caused. use of the power from the " auto' s" electrical b. War Or Military Action
system that, at the time of" loss", is:
1) War, including undeclared or civil
a. Permanently installed in or upon the covwar;
ered" auto";
2) Warlike action by a military force, in- b. Removable from a housing unit which is cluding action in hindering or defend- permanently installed in or upon the coving against an actual or expected at- ered" auto"; tack, by any government, sovereign c. An integral part of the same unit housing or other authority using military per- any electronic equipment described in sonnel or other agents; or Paragraphs a. and b. above; or 3) Insurrection, rebellion, revolution, d. Necessary for the normal operation of the usurped power or action taken by covered " auto" or the monitoring of the governmental authority in hindering covered" auto' s" operating system. or defending against any of these.
6. We will not pay for " loss" to a covered " auto"
2. We will not pay for " loss" to any covered due to" diminution in value". auto" while used in any professional or organized racing or demolition contest or stunt- C. Limits Of Insurance ing activity, or while practicing for such con- 1. The most we will pay for:
test or activity. We will also not pa for" loss"
to a. " Loss" to an one covered " auto" is the
any covered " auto" while thatcovered Y
auto" is being prepared for such a contest or
lesser of:
activity. 1) The actual cash value of the dam3. We will not pay for" loss" due and confined to: aged or stolen property as of the time a. Wear and tear, freezing, mechanical or
of the" loss"; or
electrical breakdown. 2) The cost of repairing or replacing the b. Blowouts, punctures or other road damdamaged or stolen property with age to tires. other property of like kind and quality.
This exclusion does not apply to such " loss"
b. All electronic equipment that reproduces,
resulting from the total theft of a covered receives or transmits audio, visual or data auto". signals in any one " loss" is $ 1, 000, if, at
the time of " loss", such electronic equip4. We will not pay for" loss" to any of the follow- ment is:
ing:
a. Tapes, records, discs or other similar au
1) Permanently installed in or upon the
dio, visual or data electronic devices de- covered " auto" in a housing, opening signed for use with audio, visual or data or other location that is not normally electronic equipment. used by the " auto" manufacturer for the installation of such equipment;
b. Any device designed or used to detect
speed- measuring equipment, such as radar or laser detectors, and any jamming stalled housing unit as described in apparatus intended to elude or disrupt Paragraph b.( 1) above; or speed- measuring equipment. 3) An integral part of such equipment as c. Any electronic equipment, without regard described in Paragraphs b.( 1) and to whether this equipment is permanently b.( 2) above.
CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 7 of 12 ATTACHMENT 2
COMMERCIAL AUTO
2. An adjustment for depreciation and physical b. Additionally, you and any other involved condition will be made in determining actual insured" must:
cash value in the event of a total" loss".
1) Assume no obligation, make no pay- 3. If a repair or replacement results in better ment or incur no expense without our than like kind or quality, we will not pay for the consent, except at the " insured' s" amount of the betterment. own cost.
D. Deductible 2) Immediately send us copies of any
For each covered" auto", our obligation to pay for, request, demand, order, notice, repair, return or replace damaged or stolen prop- summons or legal paper received erty will be reduced by the applicable deductible concerning the claim or" suit". shown in the Declarations. Any Comprehensive 3) Cooperate with us in the investigation Coverage deductible shown in the Declarations
or settlement of the claim or defense
does not apply to " loss" caused by fire or light- against the" suit". ning.
SECTION IV — BUSINESS AUTO CONDITIONS 1) Authorize us to obtain medical reThe following conditions apply in addition to the cords or other pertinent information.
Common Policy Conditions: 2) Submit to examination, at our expense, by physicians of our choice, A. Loss Conditions as often as we reasonably require.
1. Appraisal For Physical Damage Loss
c. If there is " loss" to a covered " auto" or its
If you and we disagree on the amount of equipment, you must also do the followloss", either may demand an appraisal of the ing:
loss". In this event, each party will select a
competent appraiser. The two appraisers will 1) Promptly notify the police if the covselect a competent and impartial umpire. The ered " auto" or any of its equipment is appraisers will state separately the actual stolen.
cash value and amount of" loss". If they fail to 2) Take all reasonable steps to protect agree, they will submit their differences to the the covered " auto" from further damumpire. A decision agreed to by any two will age. Also keep a record of your exbe binding. Each party will: penses for consideration in the seta. Pay its chosen appraiser; and tlement of the claim. b. Bear the other expenses of the appraisal 3) Permit us to inspect the covered and umpire equally. auto" and records proving the " loss" If we submit to an appraisal, we will still retain
before its repair or disposition.
our right to deny the claim. 4) Agree to examinations under oath at 2'
Duties In The Event Of Accident, Claim, our request and give us a signed Suit Or Loss statement of your answers.
We have no duty to provide coverage under
3. Legal Action Against Us
this policy unless there has been full compli- No one may bring a legal action against us ance with the following duties: under this Coverage Form until:
a. In the event of " accident", claim, " suit" or
a. There has been full compliance with all
loss", you must give us or our authorized the terms of this Coverage Form; and representative prompt notice of the " accident" or" loss". Include: b. Under Covered Autos Liability Coverage, 1) How, when and where the " accident" we agree in writing that the " insured" has an obligation to pay or until the amount of
or" loss" occurred;
that obligation has finally been deter2) The " insured' s" name and address; mined by judgment after trial. No one has and the right under this policy to bring us into
3) To the extent possible, the names an action to determine the " insured' s" liand addresses of any injured persons ability. and witnesses.
ATTACHMENT 2
COMMERCIAL AUTO
4. Loss- Payment Physical Damage Cover- son or
organization holding, storing or transages porting property for a fee regardless of any At our option, we may:
other provision of this Coverage Form.
a. Pay for, repair or replace damaged or sto5'
Other Insurance
len property; a. For any covered " auto" you own, this
b. Return the stolen property, at our ex- Coverage Form provides primary insurpense. We will pay for any damage that ance. For any covered " auto" you don' t results to the" auto" from the theft; or own, the insurance provided by this Coverage Form is excess over any other colC. Take all or any part of the damaged or lectible insurance. However, while a covstolen property at an agreed or appraised ered " auto" which is a " trailer" is convalue. nected to another vehicle, the Covered If we pay for the " loss", our payment will in- Autos Liability Coverage this Coverage clude the applicable sales tax for the dam- Form provides for the" trailer" is:
aged or stolen property. 1) Excess while it is connected to a mo5. Transfer Of Rights Of Recovery Against for vehicle you do not own; or Others To Us 2) Primary while it is connected to a
If any person or organization to or for whom covered" auto" you own. we make payment under this Coverage Form b. For Hired Auto Physical Damage Coverhas rights to recover damages from another, age, any covered " auto" you lease, hire, those rights are transferred to us. That person rent or borrow is deemed to be a covered or organization must do everything necessary auto" you own. However, any " auto" that to secure our rights and must do nothing after is leased, hired, rented or borrowed with accident" or" loss" to impair them. a driver is not a covered" auto".
B• General Conditions
c. Regardless of the provisions of ParaBankruptcy graph a. above, this Coverage Form' s Bankruptcy or insolvency of the " insured" or Covered Autos Liability Coverage is prithe" insured' s" estate will not relieve us of any mary for any liability assumed under an
obligations under this Coverage Form. insured contract".
2. Concealment, Misrepresentation Or Fraud d. When this Coverage Form and any other Coverage Form or policy covers on the
This Coverage Form is void in any case of same basis, either excess or primary, we fraud by you at any time as it relates to this will pay only our share. Our share is the Coverage Form. It is also void if you or any proportion that the Limit of Insurance of other" insured", at any time, intentionally con- our Coverage Form bears to the total of ceals or misrepresents a material fact con- the limits of all the Coverage Forms and cerning: policies covering on the same basis.
a. This Coverage Form; 6. Premium Audit
b. The covered" auto"; a. The estimated premium for this Coverage c. Your interest in the covered " auto"; or Form is based on the exposures you told d. A claim under this Coverage Form. us you would have when this policy began. We will compute the final premium 3. Liberalization due when we determine your actual exIf we revise this Coverage Form to provide posures. The estimated total premium will more coverage without additional premium be credited against the final premium due charge, your policy will automatically provide and the first Named Insured will be billed the additional coverage as of the day the re- for the balance, if any. The due date for vision is effective in your state. the final premium or retrospective pre4.
No Benefit To Bailee — Physical Damage mium is the date shown as the due date Coverages
on the bill. If the estimated total premium
exceeds the final premium due, the first
We will not recognize any assignment or Named Insured will get a refund. grant any coverage for the benefit of any perCA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 9 of 12 ATTACHMENT 2
COMMERCIAL AUTO
b. If this policy is issued for more than one 1. A land motor vehicle, " trailer" or semitrailer year, the premium for this Coverage Form designed for travel on public roads; or will be computed annually based on our 2. Any other land vehicle that is subject to a rates or premiums in ettect at the begin- compulsory or financial responsibility law or ning of eacn year of the policy. other motor vehicle insurance law where it is
7. Policy Period, Coverage Territory licensed or principally garaged.
Under this Coverage Form, we cover " acci- However, " auto" does not include " mobile equipdents" and" losses" occurring: ment". a. During the policy period shown in the C. " Bodily injury" means bodily injury, sickness or Declarations; and disease sustained by a person, including death b. Within the coverage territory. resulting from any of these.
The coverage territory is: D. " Covered pollution cost or expense" means any 1) The United States of America;
cost or expense arising out of:
1. Any request, demand, order or statutory or
2) The territories and possessions of the regulatory requirement that any " insured" or United States of America; others test for, monitor, clean up, remove, 3) Puerto Rico; contain, treat, detoxify or neutralize, or in any 4) Canada; and way respond to, or assess the effects of, " pollutants"; or 5) Anywhere in the world if a covered"
auto" of the private passenger type
2. Any claim or " suit" by or on behalf of a govis leased, hired, rented or borrowed ernmental authority for damages because of without a driver for a period of 30 testing for, monitoring, cleaning up, removing, days or less, containing, treating, detoxifying or neutralizing, or in anyway responding to, or assessing rove ed that the " insured' ", responsjbility to the effects of, " pollutants". ay damages is determineds in a suit on the
merits, in the United States of America, the Covered pollution cost or expense" does not interritories and possessions of the United clude any cost or expense arising out of the acStates of America, Puerto Rico or Canada, or tual, alleged or threatened discharge, dispersal,
in a settlement we agree to. seepage, migration, release or escape of " pollutants":
We also cover" loss" to or" accidents" involving, a covered " auto" while being transported y between any of these places.
property that is:
8. Two Or More Coverage Forms Or Policies
1) Being transported or towed by, hanIssued By Us
dled or handled for movement into,
onto or from the covered" auto";
If this Coverage Form and any other Coverage Form or policy issued to you by us or any 2) Otherwise in the course of transit by
company affiliated with us applies to the or on behalf of the" insured"; or same " accident", the aggregate maximum 3) Being stored, disposed of, treated or Limit of Insurance under all the Coverage processed in or upon the covered Forms or policies shall not exceed the highest auto";
applicable Limit of Insurance under any one b. Before the " pollutants" or any property in Coverage Form or policy. This condition does which the " pollutants" are contained are not apply to any Coverage Form or policy is- moved from the place where they are acsued by us or an affiliated company specifi- cepted by the" insured" for movement into cally to apply as excess insurance over this or onto the covered" auto"; or Coverage Form.
c. After the " pollutants" or any property in
SECTION V— DEFINITIONS which the " pollutants" are contained are A. " Accident" includes continuous or repeated expo- moved from the covered " auto" to the sure to the same conditions resulting in " bodily in- place where they are finally delivered, jury" or" property damage". disposed of or abandoned by the " inB. " Auto" means:
sured".
ATTACHMENT 2
COMMERCIAL AUTO
Paragraph a. above does not apply to fuels, 4. An obligation, as required by ordinance, to inlubricants, fluids, exhaust gases or other simi- demnify a municipality, except in connection lar " pollutants" that are needed for or result with work for a municipality; from the normal electrical, hydraulic or me- 5. That part of any other contract or agreement cnanicai tunctiomng of the coverea " auto- or pertaining to your business ( including an inits parts, it: demnification of a municipality in connection 1) The " pollutants" escape, seep, mi- with work performed for a municipality) under grate or are discharged, dispersed or which you assume the tort liability of another released directly from an " auto" part to pay for" bodily injury" or" property damage" designed by its manufacturer to hold, to a third party or organization. Tort liability store, receive or dispose of such" pol- means a liability that would be imposed by lutants"; and law in the absence of any contract or agree2) The " bodily injury", " property dam- ment; or age" or " covered pollution cost or ex- 6. That part of any contract or agreement enpense" does not arise out of the op- tered into, as part of your business, pertaining eration of any equipment listed in to the rental or lease, by you or any of your Paragraph 6. b. or 6. c. of the defini- employees", of any " auto". However, such tion of" mobile equipment". contract or agreement shall not be considered Paragraphs b. and c. above do not apply to an " insured contract" to the extent that it obliaccidents" that occur away from premises gates you or any of your " employees" to pay owned by or rented to an " insured" with re- for " property damage" to any " auto" rented or spect to " pollutants" not in or upon a covered leased by you or any of your" employees". auto" if: An " insured contract" does not include that part of a) The " pollutants" or any property any contract or agreement:
in which the " pollutants" are con- a. That indemnifies a railroad for " bodily intained are upset, overturned or jury" or " property damage" arising out of damaged as a result of the main- construction or demolition operations, tenance or use of a covered within 50 feet of any railroad property and auto"; and affecting any railroad bridge or trestle,
b) The discharge, dispersal, seeptracks, roadbeds, tunnel, underpass or age, migration, release or escape crossing;
of the " pollutants" is caused di- b. That pertains to the loan, lease or rental rectly by such upset, overturn or of an " auto" to you or any of your " emdamage. ployees", if the " auto" is loaned, leased or E. " Diminution in value" means the actual or perrented with a driver; or ceived loss in market value or resale value which c. That holds a person or organization enresults from a direct and accidental" loss". gaged in the business of transporting F. " Employee" includes a " leased worker". " Em- property by " auto" for hire harmless for ployee" does not include a" temporary worker". your use of a covered " auto" over a route or territory that person or organization is
G. " Insured" means an
r NSrsorgrgniration uali- authorized to serve b public authority. fingas an insured ho s n nsure proy p vision of the applicable coverage. Except with re- • " Leased worker" means a person leased to you spect to the Limit of Insurance, the coverage af- by a labor leasing firm under an agreement beforded applies separately to each insured who is tween you and the labor leasing firm to perform coverage or against whom a claim or duties related to the conduct of your business. seeking" suit is brought. Leased worker" does not include a " temporary worker".
H. " Insured contract" means:
J. " Loss" means direct and accidental loss or dam1. A lease of premises; age.
2. A sidetrack agreement; K. " Mobile equipment" means any of the following
3. Any easement or license agreement, except types of land vehicles, including any attached in connection with construction or demolition machinery or equipment:
operations on or within 50 feet of a railroad;
CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 11 of 12 ATTACHMENT 2
COMMERCIAL AUTO
1. Bulldozers, farm machinery, forklifts and other c. Air compressors, pumps and generators, vehicles designed for use principally off public including spraying, welding, building roads; cleaning, geophysical exploration, lighting
2. Vehicles maintained for use solely on or next or well- servicing equipment. to premises you own or rent; However, " mobile equipment' does not include
3. Vehicles that travel on crawler treads; land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle
4. Vehicles, whether self- propelled or not, main- insurance law where it is licensed or principally tained primarily to provide mobility to perma- garaged. Land vehicles subject to a compulsory nently mounted:
or financial responsibility law or other motor vehia. Power cranes, shovels, loaders, diggers cle insurance law are considered" autos". or drills; or L. " Pollutants" means any solid, liquid, gaseous or b. Road construction or resurfacing equip- thermal irritant or contaminant, including smoke, ment such as graders, scrapers or rollers; vapor, soot, fumes, acids, alkalis, chemicals and
5. Vehicles not described in Paragraph 1., 2., 3. waste. Waste includes materials to be recycled, or 4. above that are not self- propelled and are
reconditioned or reclaimed.
maintained primarily to provide mobility to M. " Property damage" means damage to or loss of permanently attached equipment of the fol- use of tangible property. lowing types: N. " Suit' means a civil proceeding in which:
a. Air compressors, pumps and generators, 1. Damages because of " bodily injury" or " propincluding spraying, welding, building erty damage"; or cleaning, geophysical exploration, lighting and well- servicing equipment; or
2• A" covered pollution cost or expense";
b• Cherry pickers and similar devices used to which this insurance applies, are alleged. to raise or lower workers; or Suit' includes:
6. Vehicles not described in Paragraph 1., 2., 3. a. An arbitration proceeding in which such or 4. above maintained primarily for purposes damages or ' covered pollution costs or other than the transportation of persons or expenses" are claimed and to which the cargo. However, self- propelled vehicles with insured" must submit or does submit with the following types of permanently attached our consent; or equipment are not" mobile equipment' but will b. Any other alternative dispute resolution be considered" autos": proceeding in which such damages or a. Equipment designed primarily for: covered pollution costs or expenses" are 1) Snow removal; claimed and to which the insured submits 2) Road maintenance, but not construcwith our consent. tion or resurfacing; or
O. " Temporary worker" means a person who is furnished to you to substitute for a permanent " employee" on leave or to meet seasonal or shortb. Cherry pickers and similar devices term workload conditions. mounted on automobile or truck chassis P. " Trailer" includes semitrailer. and used to raise or lower workers; and
ATTACHMENT 2
TJKM Transportation Consultants
WORKERS COMPENSATION
AND
EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 03 76( 00)--
POLICY NUMBER: UB4052T603
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT - CALIFORNIA
BLANKET WAIVER)
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration.
Schedule
Person or Organization: Job Description:
Waiver of Subrogation in favor of:- The City of Manteca, its elected and appointed officers, officials, employees, agents and volunteers.
City of Manteca
Attn: Matiel Holloway, P. E.
Public Works Department
1001 West Center Street, Suite E
DATE OF ISSUE: 04/ 01/ 2017
ATTACHMENT 2