Manteca City Council
November 1, 2022

AGREEMENT FOR PROFESSIONAL SERVICES
By and between
City of Manteca
And
TJKM
For

ENGINEERING AND ENVIRONMIENTAL SERVICES
RETROREFLECTIVE TRAFFIC SIGN PROJECT (CIP NO. 16027)
In the City of Manteca
San Joaquin County, California
ATTACHMENT 2

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into this-/ dy of 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
l. 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 MU 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 ofthe 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 ofthe 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 28, 725. 45 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 $ 389, 183. 00 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 ofthe 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 ofthe 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 ofthe 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 ifrequested. 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 of them 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 ofthis 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_Wa eRates.

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 of this 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 ofthe 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 ofthe 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 ofExpending 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 ofimplementing 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 of the 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 of the services required by this Agreement shall be:

Atul Patel
Director of Design and ITS
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 ofthis 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 ANII 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 of the 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 1185 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 of this 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 if mailed 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: Atul Patel
Director of Design and ITS

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 ofthe 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 ofthe 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. If the 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 Employ. 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 of the parties has caused this Agreement to be executed by its duly authorized representative as of the 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: 6Gtn•; 9, vv
Name: Stephen DeBrum Name: Woya* 4rmin d-A e-vr
Title: Mayor Title: Vice President
ATTEST:

CiVyberk "
APP OVED AS TO FORM:
4t 1.- -a-, --- 7
Johi D. Brint n, `City Attorney
to
13 ATTACHMENT 2
Exhibit A
Scope of Services
By and between
City of Manteca
And
TJKM
For

ENGINEERING AND ENVIRONMENTAL SERVICES
RETROREFLECTIVE TRAFFIC SIGN PROJECT ( CIP NO. 16027)
In the City of Manteca
San Joaquin County, California
ATTACHMENT 2
A. WORK PLAN

PROJECT
Manteca has received an HSIP grant to replace street signs that are not in compliance with the California Manual for Uniform Traffic Control Devices( CMUTCD). TJKM will conduct a comprehensive inventory and evaluation of all traffic signs, including evaluating the reflectivity of each sign. We will develop a comprehensive list of signs needing replacement, including the costs. We will prepare the technical studies required the NEPA CE and obtain a NEPA CE.

TJKM will prepare plans, specifications, and estimate ( PS& E) to replace all signs whose conditions warrant immediate replacement. In addition, we will identify additional signs needed to ensure that the Manteca street system is adequately signed.

Since this project is a federally-funded, NEPA environmental document will be necessary. A Preliminary Environmental Study( PES) was prepared by City staff and submitted to Caltrans. TJKM will complete all studies required to complete the NEPA CE.

PROPOSED WORK PLAN
Task 1— Project Management
Task 1. 1 Overall Project Management
TJKM' s Project Manager, Mr. Atul Patel, TE, PTOE, will coordinate all Consultant operations with the City, including establishing and updating schedules and ensuring that the work is successfully completed. This will include preparation of monthly progress reports.

Task 1. 2 Project Management& Kick- Off Meeting
TJKM will meet with the City staff following authorization to proceed on the project. TJKM will prepare an agenda for the startup meeting and distribute it in advance. The purpose of the startup meeting is to discuss the project background, scope, concepts, schedule, and management; particularly the traffic inventory and evaluation.

At this meeting, TJKM will describe the process to be used in data collection and will request any available relevant information from the City and ascertain any study details that have not been discussed. TJKM suggests that representatives of both engineering and maintenance functions be present. TJKM will prepare and distribute the minutes of the startup meeting.

Thereafter, Mr. Atul Patel, TE or the Deputy Project Manager, Mr. Chris Kinzel, PE, TE will communicate with the City' s Project Manager on a regular basis and will provide monthly written progress reports. The reports will also indicate if there are any issues related to performance, schedule or budget.

TJKM will conduct regular meetings and coordination with other stakeholders in monthly meetings as necessary.

Mr. Patel will be responsible for preparation of agendas and meeting minutes, communication and distribution of project records and information, and responses to all internal requests for information about the project.

Mr. Patel will prepare and update the Project schedule on a monthly basis, or as needed. He also will provide regular reporting on the project status, including but not limited to, schedule, contract budget, general progress on project tasks, project issues and concerns, and procedures.

Appendix I 1
cU TKM
ATTACHMENT 2
Task 1. 3 Public Outreach
TJKM will provide the public outreach to residences, businesses, and other community stakeholders during the design and construction phases of the project. This is to notify the public during these phases to make sure there is a general awareness of the project and to make any necessary changes to the project to minimize the impact of the project.
4 Task 2— Traffic Sign Inventory
The final products of the City sign inventory portion of the study will be an electronic( Excel and ESRI) listing of all traffic control devices on the City streets. Optional tasks can include pavement markings and red curbs. NDS will collect their attributes and their condition. Sign data will incorporate the previous reflectivity study conducted for Manteca in 2015. NDS has conducted similar studies for the Cities of Wasco, La Habra, Malibu, Morgan Hill, Hillsborough, Ontario, Palo Alto, Anderson, and Alameda County. Four of these were conducted as subcontractors to TJKM.

These studies will be used as a starting point for an attribute list to collect at these locations. During the kick- off meeting, we will discuss how to adapt the study parameters to meet the exact needs of the City. The information collected will be projected in a coordinate system consistent with the existing City GIS data. All collected data will have hyperlinked photos of the asset. The resulting deliverable will allow City staff to access, update, and revise its traffic control device components easily and quickly both in the office and in the field.

Task 2. 1 Inventory Project Management
One of the biggest advantages the TJKM/ NDS team can bring to this project is our experience in similar projects. We have been involved in creating and maintaining a detailed work program including the details of the project methodology, sequence of tasks, list of deliverables, and other project critical planning. Accordingly, we can take from the " best practices" of the other Cities we have worked with and create a better program for Manteca. Working together, we can preempt many of the problems that this project might have encountered.

TJKM/ NDS will attend status meetings with the City and prepare progress reports. By having one primary point of contact, the City will have immediate access to up-to-date information on what data has been collected, processed, and delivered. NDS' Principal, Mr. Michael Blitz will make himself available by cell phone at all times, giving the City complete access to updates and progress reports. Prior to beginning the project, we will provide a schedule to the City.

The City will receive a biweekly progress report, which will include any departures from that schedule, be it favorable or otherwise. We will also make available to the City a map in which we mark off the streets with color coded markings to show which areas we have collected data ( red), processed data (yellow), and delivered data (green).

The traffic sign inventory will need to be integrated into the City' s VUEWorks system.

Appendix 2
tt TKM
ATTACHMENT 2
Task 2.2 System Inventory
NDS has conducted asset inventories for cities and counties throughout California. The basic components of a successful inventory are completeness, accuracy, and timeliness of the data. NDS takes steps before, during, and after data collection to ensure that the project is completed to meet the client goals.

Pilot Area— NDS will begin with a small pilot area and quickly deliver the data to the City. This will give the City a chance to review the deliverable and make changes to the project before a lot of data has been collected.

Collection Specifications— NDS will collect a complete inventory of all signs within the City boundaries. We will meet with the City to include the attributes that will provide the greatest cost/ benefit to the City. The following is a list of features attributes of traffic signs that other Cities have had us collect:
1) Unique ID— Every device will be assigned a unique identification number. 2) GPS ( Latitude/ Longitude) — NDS will deliver sub- meter results and, in most cases, sub- foot results. We will use the projection consistent with existing City GIS data. The process for post processing this data will be discussed later.
3) Sign Type— Stop Sign, Speed Limit Sign, Parking Sign, School, Curve Warning, Guide Sign, Street Name Sign, Other Regulatory, Other Warning, Mile Post Marker, Non- Standard. We will put in the specific code, be it CAMUTCD or City specific.
4) Road Name o
5) Nearest Postal Address 4
6) Height of Sign from Ground— Addresses liability concerns. 2 7) Sign Dimensions— Height and width of sign. NDS uses a five- piece telescopic s aluminum leveling rod that is made of a light and durable alloy for data collection in these sign inventory studies. The rod is used for all sign 8 measurements and included within the picture to create a sense of scale when looking at the pictures later. This enables us to do an additional layer of QC s i. e. to check the measurements later and verify the field personnel) as well as 3 giving the City a sense of size in the years to come. 2 8) Sign Direction— Direction the sign is facing.
9) Position of Sign— Roadside, median, or overhead.
10) Condition of Sign— Good, vandalized, faded, damaged. etc. 11) Date of Installation ( if available)— Many cities put a sticker on the back of the sign noting the date that the sign was put into service. This information can be very important when determining the replacement dates for signs.
12) Post Type— Unistrut, pipe post, wooden post, etc.
13) Post Condition— Good or needs repair.
14) Number of Signs on Post
15) Sign Obstructions
16) Obstruction Picture Hyperlink
17) Sign Picture Hyperlink— NDS uses 12 MP Canon Cameras which deliver excellent resolution even in direct sunlight. In most cases, you can even read the fine print on the sign. Signs are hyperlinked and incorporated into the shape file. When viewing the sign through ESRI software, you can click on the hyperlink and see the sign.
18) Retroreflectivity— See the description in Task 2. 3 below. 19) Notes
20) Date of Survey
21) Collection Time
22) Name of Surveyor
23) Date of Replacement
y
M
Appendix 3
ATTACHMENT 2
Task 2.3 Retroreflectivity Assessment
The purpose of this task is to evaluate all traffic signs in the City to assess their reflectivity. The NDS Team will collect retroreflectivity data for all signs during the daytime survey. The retroreflectometer results will reveal which signs do not meet the minimum standards established by the FHWA. Those standards are detailed in Table 2A- 3 " Minimum Retroreflectivity Levels" of the CAMUTCD.

Reflectivity data will be collected with a Roadvista Model 922 Retroreflectometer. The Roadvista 922 has an integrated bar code reader allowing us to match the reflectivity data to the sign inventory data. It is highly accurate and collects both 0. 2 degrees and 0. 5 degrees readings simultaneously. It also has an integrated GPS that verifies the location of the sign and ensures that the correct reflectivity data is matched to the correct sign attributes.

As reflectivity is collected by a separate crew at a later date, this serves as a check to ensure that no signs are missed and that the inventory is complete. Maps of the City will be reviewed to ensure that there are no gaps in the data collected.

Task 2.4 Data Collection Work Flow
The NDS Project Manager, Michael Blitz, through consultation with the City, will identify the different areas within the City which are likely to have unique or rare signs. He will then survey those study areas and take pictures of these signs. Standard signs should not need special attention as the survey crews are experienced and familiar with common traffic signs. The Project Manger creates a " cheat sheet" with pictures that the survey crews can carry with them in case they encounter a sign that they are not familiar with. These sheets will help ensure that survey crews collect consistent data. Survey crews will have a training session in field with Mr. Blitz to ensure that they are correctly identifying and collecting project features and attributes. In this stage, having some City personnel to accompany us would be very helpful.

Prior to collecting data, managers provide daily maps to survey crews. Survey crews update their maps for the areas they complete with highlighters. The Field Manager keeps an overall map to ensure that every block is surveyed.

Data is downloaded in the field by the field manager after each day. The data is reviewed to verify that the data was not corrupted in any way. The data is emailed to the processing manager. The processing manager post processes the data in Trimble Pathfinder Office to further improve the data accuracy. The data is exported to shape files in a projection consistent with the existing City GIS data. The shapefiles are imported into ArcMap and Hyperlinks are then created and appended to the shape file. It is at this stage that the data undergoes an intense QA/ QC check. These QA/ QC procedures are outlined later in the proposal.

To enable the City increased visual detail, NDS proposes using conditional features, enabling us to show a unique icons for each traffic control device type. The City will be able to look at the delivered Arc Map and identify the types of signs in a particular area without selecting any signs.

There may be a period during the field inventory where City staff are performing maintenance work in an area that has already been inventoried. We will request a list of such occurrences and revisit those areas at the end of the study.

We will split the City into about six zones. We will complete one zone before moving on to the next. We will accommodate the City' s schedule and add additional staff to the project to meet any phase deadlines.

Equipment— Experienced data collectors will gather daytime traffic device inventory data. Each crew will have a Trimble sub- foot GPS device, which enables the quick collection of the GPS coordinates of the sign, the photo, and the remaining attributes of the sign. For areas with obstructions, crews will use external Trimble Tornado antennae.

T"
Appendix 4
KM
ATTACHMENT 2
Task 2.5 Data Processing
The data collected in the field benefits from " real time correction" usually resulting in sub-foot accuracy data in real time. However, there are instances when the real time data is not as accurate. We are able to achieve subfoot accuracy by post processing the data in the office during which the accuracy of the data is significantly increased. As the equipment uses H- Star, this enables us to use a minimum of three base stations for differential correction. This takes an already powerful process and makes it even more potent.

Quality Control— Quality control occurs in two distinct stages, 1) in the field and 2) in the office. In our experience, the best way to ensure quality is to use full time professional staff and to conduct proper training prior to data collection. NDS only uses full time staff in its data collection efforts. All staff will have prior experience conducting similar studies for this effort. We will also be conducting training sessions prior to starting data collection. Additionally, we will have the field manager accompanying the staff in the initial stages of data collection to make sure we get off to the right start. Over the course of the study, the field manager will make spot checks on the crews to ensure that they are following procedures.

Additionally, field manager' s spot check collected data for accuracy and completeness. Should points be found missing or incorrectly inventoried, further checks are conducted for other work conducted by that survey crew.

In the office, pictures are compared to the data collected to check for accuracy. Each attribute will be checked against the picture. By adding a measuring stick to the photo, we can even retest sign dimensions in the office to ensure accurate data. In the event that the picture and the data collected does not match, we will verify the correct data in the field.

As reflectivity information has already been collected, this serves as a check to ensure that no signs are missed and that the inventory is complete. Maps of the City are reviewed to ensure that there are no gaps in the data collected.

Task 2. 6 Recommendations& Project Report
TJKM will prepare recommendations for improvements in the study corridors based on, but not limited to, the following list:

Upgrade existing signing because of being undersized, in poor condition, in the wrong location or combinations of these factors.

Upgrade signs due to unsuitable retroreflectivity.

Install new warning signs indicated through field review. Likely signs include curve warning signs( W1- 1 through W1- 4) with advisory speeds( W13- 1) if required, new or additional chevrons( W1- 8) on curves, intersection ahead ( W2- 1 through W2- 4), school and pedestrian (various signs), and others as may be indicated.

For each new sign recommended, the TJKM team will ensure that the proposed recommendation has satisfactory sight distances.

All recommendations will be available to be incorporated as a layer in the City' s GIS database.

The TJKM team will prepare a comprehensive report of this project describing the procedures, findings, and recommendations. The report will be prepared in draft form for review by City staff and then finalized by the TJKM team after receipt of comments. As a minimum, the report will contain the following information:

An Excel document that includes the recommendations for new signs, upgrades, and relocations. The document will prioritize the recommendations based on a deficiency system recommended by TJKM and approved by the City. Each recommendation will include the sign descriptions including CA MUTCD reference number, location, size, proposed mounting, type of reflectorization, cost estimates, and related information. Sign locations will be depicted by GPS coordinates and nearest street address.

Information for contractors on installation details of the recommended improvements. This could be in the form of references to City standard design details, Caltrans standards, etc. This will not be a comprehensive PS& E document, but will be organized to facilitate the preparation of such a document. z' Appendix 5
JKM
ATTACHMENT 2
Listing of specific recommendations for PS& E improvements to be funded by the City HSIP grant. The TJKM team will work with City staff to ensure that the final report is very useful in establishing the follow up work needed to complete the grant.

Unit costs of various types of improvements based on consultation with staff, Caltrans guidelines, and contractors, as well as the TJKM team' s design experience. The unit costs will be reviewed with City staff before final application.
a
Task 3— Environmental Clearance Documentation
Caltrans Local Assistance Program has informed the City of the need to prepare a technical memorandum on the potential for hazardous waste material in the areas where ground disturbance will be occurring. TJKM' s Team will conduct the following to address this concern:

Review of any City data files to determine the location of sign posts where the potential for aerially deposited lead is high;
Obtaining permits from City to work within selected areas where the potential for aerially deposited lead or lead based paints is likely to be present in shallow soil; Sampling shallow soil at selected locations( up to 10 locations) to confirm the presence and concentration of lead;
Preparing a technical memorandum summarizing the results and creating specifications for addressing health and safety concerns with regards to handling and managing contaminated soil during sign posts installation.

Additional soil sampling locations will be subject to a contract amendment.

Task 4— Preparation of PS& E
Objective: The objective of the PS& E design is to prepare plans, specifications, and estimates of the replacement of all signs that warrant replacement based on the field inspection conducted in the earlier task.

Task 4.1 Prepare Base Mapping
The TJKM team will visit the citywide roadways for field investigation of the existing signage that is under local jurisdiction for maintenance.

A project base map will be prepared in AutoCAD format utilizing a high resolution aerial, such as from Google Earth Professional. The scale of the plans will be at 1"= 1000'. The scale may be smaller depending on the number of signs that need to be replaced in the area. Since this project is mainly signage 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.

Task 4.2 65% PS& E Submittal
Following completion of the project base mapping, the TJKM Team will develop the 65% PS& E. The improvement drawings will show locations of existing signage being replaced on the existing pole, and proposed roadway signage on new poles.

Appendix 16
f; TJKM
ATTACHMENT 2
The 65% design submittal is intended to show the Contractor the locations of the signs to be replaced. Plans will be prepared in conformance with City of Manteca and Caltrans standards, as appropriate. The following plan sheets and design elements will be included with this submittal:

Title Sheet— General project information, location/ vicinity maps, legend, utility contacts, and signature blocks, etc.

Construction Details— Signage post details, typical traffic handling Caltrans standard plan for a one lane closure.

Summary of Quantities— Total quantities of roadway signs to be replaced and the type of sign, and new posts to be installed.

Signage Plan Sheets— Plan sheets showing location of new signs being installed and existing signs being replaced at a scale of 1"= 1000'. Sign location number will correspond to a spreadsheet table that will detail the distance of the sign from a fixed object, type of sign being replaced, and size of sign being replaced. The spreadsheet will be inserted into the specifications.

Special Provisions— Draft Special Provisions for the signage 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 Signage 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.

Task 4. 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 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 staff. A comment response matrix will be prepared of our responses to the comments. a
Task 4.410096 PS& E Submittal
The 100% PS& E will be submitted to the City for signature. One set of non- conflicting, consolidated comments will be received from the City 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.

Appendix 17
ATTACHMENT 2
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 appropriatefields 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.

Task 4. 5 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 a disk with the electronic files to City staff. Final plans will be provided as an electronic file in both AutoCAD and 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.
m:.. ._. Appendix 8
TJKM
ATTACHMENT 2
Task 5— 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
a it a
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.

Task 7— Construction Support Phase
Task Z1 Construction Support
During construction, the TJKM Team will assist City staff as follows:

Prepare responses to Contractors' RFIs 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 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 Z3 Record Drawings
TJKM will prepare record drawings from Contractor redline as- builts in AutoCAD format and PDF format.

Task 8— Meetings& Agency Coordination
Objective: The objective of this task is to meet and discuss the project, review comments received from the City on the review submittal rounds and identify and potential conflicts or issues that could cause delays in the design and construction process.

TJKM has budgeted four meetings with the City at the following stages during the design phase:

JM
Appendix 19
5A
ATTACHMENT 2
Kick- off meeting
Review of the 65% PS& E
Review of the 95% PS& E
Review of the 100% PS& E
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.

Task 9— 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 ofthe input/ feedback is not incorporated in the project, TJKM Team will provide the reasoning to the public for not incorporating them.

Public 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.

EXCEPTIONS • THE SCOPEOF
Please note that the following are not included in the Work Plan detailed above:

Topographic Surveying
Hazardous waste testing, monitoring,& contingency plan for both site and building demolition work; Geotechnical monitoring;
Potholing;
Construction management, inspection, supervision, and scheduling; Gas, electric, & telephone service design plans;
Record Survey Maps, Tentative Maps, Parcel Maps, Final Maps, & legal descriptions and sketches; & Construction staking.

Appendix 110
AM
ATTACHMENT 2
Exhibit B
Fee Proposal
By and between
City of Manteca
And
TJKM
For

ENGINEERING AND ENVIRONMENTAL SERVICES
RETROREFLECTIVE TRAFFIC SIGN PROJECT ( CIP NO. 16027)
In the City of Manteca
San Joaquin County, California
ATTACHMENT 2
0r
Wo

N N N N N N N N N N N N N N N N N N N N N N N N N N N N p
pO Np
0 O
Su U
Q N N

N N N NN N N N N N N N N N N N
Om mO A tp p tD
O ` W J
O
J
y N
CG p8 p8
O O
N
p
a o n $ o
M W ^ O 1 Obt m1 O N
W
N n M T ti N Vmf . nI N N
Q Q
cl
IMI

N N N N - N N N N N N N N N N N N N N N N N N N N -
II
Id NISI- 1- Om1 H1
N
r
a
Z - rdi T
0 0 0 0 QO N Q Q Q Q Q C
N N O b
0 N
d
N
Q
T E m m m m m Q W
d
N
O N
U Z Q
n
O
AC
M I
O H 3
o
c a
o 4
U W
c e
O
o
m n
w c
u Y N
n
E
N o o c ii n a. « c
5i ro N -+` m yf E E v ,
u m S E w 3
E
E
F X ° v - s
a
a
m o •,-,
p o .
aT+ Oa c c « ° Y
n
b m m w m a O Fp-, F Q w Z yo m >
V
U o. U iii - vTi z pO K
E A m
m p
v
w o E c
o m N m Q Ln -
N E a m y
r
i RN Q
Z
nNOi
l\NO
n
ATTACHMENT 2
Exhibit C
Schedule
By and between
City of Manteca
And
TJKM
For

ENGINEERING AND ENVIRONMENTAL SERVICES
RETROREFLECTIVE TRAFFIC SIGN PROJECT (CIP NO. 16027)
In the City of Manteca
San Joaquin County, California
ATTACHMENT 2
tv
ais
C
Qa
N
t
Q
d -
O y
C a o
M
e
o'
a
r
Ex
E
Q o c c
A
G IL W W` N
Cd
d
OW d
r r
C m
Q
LL M N ! m In in n n ! n ' ' II b lamp W N ' N N N ' I N N IN O'
1 M t•Y M I N I< O ?
Iln I' ' nn n i m n n • m m m_ m_ m ' m m ' m m ' m m m Im ' mI'm , m m ' m m ' m m m m m m ea ' w a ' Im In Im m m m Iim ' M '
iz '
v o m n
H
i '4
u'S iv A iA I- o " o
I$-` 1 N ; N
M
N N n N £ 1 '- mN . N N N Q
I't 'N ` N N Q Q ' Z
IzZ N
m ' Id d
m Im m im ' M ' A A A A A d
e
d mi.`- N` o
C d ' d d Id d d
j
l d d 9 d 9 Ip 9 a Ip > O IO > > ' C
W
LL ; f 'F- > > >
I.
d d
d
IF ; J F
M '
f d d L y
ILL O
r• i'- '' I `- 15 F'- ' f- ; F= f- F- Yn E E 3 3 '', 3 I13 o r- ` r n ' n n " • j r r °n ' n m ' m i ' om m m ° m m m ' m m m ;, m ' m ' m m m m m m m m " m ro m m " c m r n 7 N m t W W m M . M
IIN , N fnV NIN \ V '
p ; N 8-656 N I a
Q I b
t'!
o
9 a : a
a
s 19 ' i9 9 d a ;> > ' C ' I'- ' C d d C •_
d W d lL LL IL T C ' C , LL li IL
3 ! 3 { 3 3 ' 13y 3 , 3 3 3 I'' 3y
3 I3
a
N tiJ
O : IIO Ilq IO ICI( 00 l00b N ' N N ° f •
N- :
n y ' N I N i
d
N IIN N : N
I
I
o W I d
I
v
a
z.

C o i W W 6 A
H U E A E d a
E' c a u w E w w o M d o. i° n r
eE w ie0 oa ' iu udi IN N ' E • tm u n rn c
c
A 7
a w
1 E1 3 a e
a
I,,
y a
N ! ai m a a y_ t
o
c m' a m •° t o
d ° Q, a o w m E = u
C
Z
c
A
o « Iv o
m « ' rn 0. > c aIlx a
A A m a .

Y
n ° IU H m K K
LL ' d
to o
I- m Ic to o '; E 0 0 ,_ m
d
to , c
a a n
U u
Ic E ' m ' IE p ' m E is Ic W E y
c - Q o o ' a
o . 2 ';
o IIN m !
U
w : rn Z,
A M ' In N m 13 r :

N
m a
t o.

E ; c
a
to i_ i lu i c to o
I, - o
o ;
o
d
d
d
d 0 '
N v
o'
ry m Q
a
N 6 to Ti d a la E
N
c i Imo'' ' E d
to m
IE a '« '
d
m Ip o m ' ° iG a , d LO m.' ° v
W
m
o'
o llo I
N
Iv " ' o '
I,

1.) :

E Iv '
A
d
a` o
Ile a . o m 2 jg a` o
la a _ € 2 m o
I, c o a`
w E Im S I I- Imo' x m o
to , ' U iL d
jr ' LL ' LL` U Im ( 7 to , am ;U
m m
m
ci rc ad ci min
m
w
O N m n m m O N M v N m r m m
i
j
N
I. V N m 1n N N
M a m m m ON, CJ p
N N
ao
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
Client#: 491 TJKMTRANS

DATE( MM/ DD/ YYYY)
ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 7/ 26/ 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( ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PRODUCER CONTACT
NAME: Doris A. Chambers
Dealey, Renton& Associates PHONE 510 465- 3090 FAX
A/ C No Ext: 510 452- 2193 A/ C No
P. O. Box 12675 E- ADSS: MAILE [email protected] Oakland, CA 94604- 2675
INSURER( S) AFFORDING COVERAGE NAIC#
510 465- 3090- David C. Eckman
INSURERA: Travelers Indemnity Co. of Conn 25682
INSURED INSURER B: Travelers Property Casualty Co 25674 TJKM Transportation Consultants
INSURER C: XL Specialty Insurance Co. 37885
2055 Gateway Place, Suite 400
San Jose, CA 95110- 2798

INSURER D
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.

LTR TYPE OF INSURANCE NSR WVD POLICY NUMBER

ADDLSUBR MM/DDY/YYYY MM/DDY LIMITS
A ' X
COMMERCIAL GENERAL LIABILITY X X 6800JO39683 04/ 01/ 2017 04101/ 2018 EACH OCCURRENCE 1 000000 CLAIMS- MADE a OCCUR PREMISESOERENTEDr nce $ 1, 000, 000 MED EXP( Any one person) $ 1 O 000
PERSONAL& ADV INJURY $ 1, 000, 000
GEN' L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2, 000, 000 POLICY JECOT LOC PRODUCTS- COMP/ OP AGG $ 2, 000, 000
OTHER
B AUTOMOBILE LIABILITY X X BA9C242599 04/ 01/ 2017 04/ 01/ 201 CEO, , S id. nlINGLELIMIT $ 1, 000, 000
X ANYAUTO BODILY INJURY( Per person) $

ALL OWNED SCHEDULED

AUTO S AUTOS
BODILY INJURY( Per accident) $
X HIRED AUTOS X AUUTSEED parr.

PROPcdenDAMAGE

UMBRELLA LIAB OCCUR EACH OCCURRENCE

EXCESS LIAB CLAIMS- MADE AGGREGATE
DED RETENTION$
B
WORKERS COMPENSATION X UB4052T603 04/ 01/ 2017 04/ 01/ 2018 X IsPTEAR OTHEMPLOYERS' LIABILITY

ANY PROPRIETOR/ PARTNER/ EXECUTIVE
Y/- 1
E. L. EACH ACCIDENT 1, 000, 000
OFFICERIMEMBER 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/ 2018 $ 2, 000, 000 per Claim Liability 2, 000, 000 Annl Aggr.

DESCRIPTION OF OPERATIONS/ LOCATIONS/ 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: Retroreflective Traffic Sign Project-( 103-xxx)( CIP No. 16027)- 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 Liability and See Attached Descriptions)

CERTIFICATE HOLDER CANCELLATION
City of Manteca

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty 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
e
1988- 2014 ACORD CORPORATION. All rights reserved.

ACORD 25( 2014/ 01) 1 of 2 The ACORD name and logo are registered marks of ACORD S2079441/ M1983757 DAC
ATTACHMENT 2
DESCRIPTIONS ( Continued; from Pagel)
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
S2079441/ M1983757
ATTACHMENT 2

COMMERCIAL GENERAL LIABILITY
Policy Number: 6800JO39683
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" c
and included in the " productsOnlywith respect to liability for" bodilyinjury", operations hazard" unless the
p yy ° written contract requiring insurance" specifically requires you to provide such coverage 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 requirbe 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 8109 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. I. 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 1013 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.

CA 00 01 10 13 0 Insurance Services Office, Inc., 2011 Page 1 of 12 ATTACHMENT 2

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 COW Begins 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" to which this insurance applies, caused by an
a. We already cover all" autos" that you own
accident" and resulting from the ownership,
for that coverage or it replaces an " auto" maintenance or use of covered " autos". However, you previously owned that had that covwe 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 vehi jury" 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

COMMERCIAL AUTO
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
6)
All interest on the full amount of any 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 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 en- where it is licensed or principally garaged. gaged in household or domestic work per- 10. 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 premises 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 contained 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 nspRrt d or towed by, faan- damage. Bled or iarldlecl 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
or onto the covered" auto"; or
c. Insurrection, rebellion, revolution,
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.

CA 00 01 10 13 Insurance Services Office, Inc., 2011 Page 5 of 12 ATTACHMENT 2

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 We will p y up to $ 20 per day, to a maxiA. Coverage mum VON, for temporary transporta1. 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, regardSpecified 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".
2) Theft;
b. Loss Of Use Expenses
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 la- However, the most we will pay for any bor must be performed at the place of disexpenses for loss of use is $ 20 per day, ablement. 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 roving 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 pay for " loss"
to any covered " auto" while that covered a. " Loss" to any one covered " auto" is the 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 au1) Permanently installed in or upon the dio, visual or data electronic devices decovered " 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 ra- 2) Removable from a permanently in- speed- measuring 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 pay3. 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 exA. Loss Conditions pense, by physicians of our choice,
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
covcompetent appraiser. The two appraisers will
1) Promptly notify the police if the
select a competent and impartial umpire. The eyed " auto" or any of its equipmennttsis 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

3. statement of your answers.

We have no duty to provide coverage under 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
or" loss" occurred;
an obligation to pay or until the amount of
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: 5.
other provision of this Coverage Form.
a. Pay for, repair or replace damaged or stoOther 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 Para- 1•
Bankruptcy 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 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 cost or expense arising out of:
i) The United States of America;

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, " pol5) Anywhere in the world if a covered lutants"; or
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 any way responding to, or assessing rove ed that the insured' " responsibility to the effects of, "pollutants". ay amages is determine 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 elude 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 " pollut ants":

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,
If this Coverage Form and any other Coveronto or from the covered" auto"; age 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 cnarncai functioning of the coverea " auto- or pertaining to your business ( including an inits parts, if: 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 rs or
fin as an insured yinpRe ho grgRnifationauali- s n nsure authorized to serve b public authority. proy p y vision of the applicable coverage. Except with re1. " 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 seeking coverage or against whom a claim or duties related to the conduct of your business. 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 0 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 2• A" covered pollution cost or expense"; and well- servicing equipment; or 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 with our consent.
2) Road maintenance, but not construc
tion or resurfacing; or
O. " Temporary worker" means a person who is fur3
Street cleaning;
nished 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