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HomeMy WebLinkAboutWALKER PARKING CONSULTANTS/ENGINEERS INC. dba WALKER CONSULTANTSINSURANCE ON FILE AUG 1 U 2021 WORK MAY PROCEL� UNIIL INS RANG EXPIRES N-2021-157 N CLERK OF COUNL.L DATE: AGREEMENT FOR PARKING CONSULTANT SERVICES FOR DOWNTOWN PARKING FACILITIES THIS AGREEMENT is made and entered into this 5' day of August, 2021, by and between Walker Parking Consultants/Engineers, Inc., a Michigan corporation, dba Walker Consultants ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). City and Consultant shall hereinafter collectively be referred to as "the Parties". RECITALS A. On January 22, 2016, the City issued Request for Qualifications No. 16-011, by which it sought proposals from qualified firms for parking consulting services related to the four public parking structures and one public surface lot that serve the Downtown area. B. On March 25, 2016, Consultant submitted a responsive proposal that was selected by the City and on May 17, 2016, the City and Consultant entered into said Agreement (A-2016-120), hereinafter "original Agreement" for Parking Consultant Services for a Term of three (3) years. D. In undertaking the performance of said Agreement (hereinafter "original Agreement"), Consultant represented that it is knowledgeable in its field and that any services performed by Consultant under said original Agreement would be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. E. On June 2, 2020, the City and Consultant entered into a second Agreement (A- 2020-116), hereinafter "second Agreement" for Parking Consultant Services for a Term of one (1) year, which expired on June 30, 2021. F. The Parties now wish to enter into a third Agreement for Parking Consultant Services for Downtown Parking Facilities (hereinafter "third Agreement") for a Term of one (1) year commencing the date first written above, for an amount not to exceed $30,000. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services (not previously completed at City's prior request) as set forth in Exhibit A of said original Agreement, page I (Task One — Parking Operator RFP and Procurement Assistance - sections 1.1 through 1.14, exclusive of task production/completion calendar); and page 2 (Task Two — Functional Design/Operational Review — sections 2.1 through 2.10). Said elements of Consultant's proposal of March 25, 2016 are incorporated herein by reference. In addition to performing those specified services set forth in Exhibit A, Consultant shall perform the additional on -call services at the sole direction of the City in accordance with Consultant's 2021 basic billing rate schedule as set forth in Exhibit A-1 of this third Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under the terms of this third Agreement the rates and charges identified in Exhibit A-1. The total sum to be expended under this third Agreement shall not exceed $30,000 during the term of this third Agreement. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in these Recitals, which may reasonably be expected by City. 3. TERM This third Agreement shall commence one the date first written above and continue for one (1) year, unless terminated earlier in accordance with Section 16, below. The Term of this third Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this third Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this third Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this third Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this third Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this third Agreement shall be at City's sole risk. 6. INSURANCi Prior to undertaking performance of work under this third Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this third Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this third Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this third Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this third Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to terminate this third Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify, defend, and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this third Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this third Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this third Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this third Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this third Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this third Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this third Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this third Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this third Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this third Agreement for a period of three (3) years from the date of final payment to Consultant under this third Agreement. 9. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this third Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this third Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this third Agreement. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this third Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 With courtesy copies to: Steven Mendoza Executive Director Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, CA 92702 Fax:714-647-6549 City Attorney's Office City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 Fax 714-647-6515 To Consultant: Jonathan Wicks, CAPP, CPP Project Manager/Consultant Walker Consultants 707 Wilshire Boulevard, Suite 3650 Los Angeles, CA 90017 Fax 213-488-4983 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This third Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter therein, and supersedes any and all other agreements, oral or written, between the Parties. In the event of a conflict between the terms of this third Agreement and any prior original Agreement or attachments thereto incorporated herein by reference, the terms of this third Agreement shall prevail. This third Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The Parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this third Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this third Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this third Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this third Agreement performed by City personnel or by other consultants retained by City. 14. COORDINATION OF WORK OR SERVICES a) No extra work may be undertaken unless a written "Change Order" is first given by the Contract Officer or his/her designee, to Consultant, incorporating therein any material and administration of this third Agreement for City and have authority to enter into Change Orders with Consultant pursuant to this third Agreement. It shall be Consultant's responsibility to assure that City's Contract Officer is kept informed of the progress of the performance of the consulting services set forth in this third Agreement and Consultant shall refer any decisions which must be made by City to the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this third Agreement. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. All notices regarding consulting services or requested changes in said third Agreement shall adjustment in the contract and/or the time to perform this third Agreement, which said adjustments are subject to the written approval of Consultant. b) Contract Officer City will appoint a Contract Officer who will be in charge of the contract maintenance. The City's appointed Contract Officer shall be the City Manager, or designee of the City Manager. 15. ADDITIONAL WORK OR SERVICES a) Work or Services City shall have the right at any time during the performance of the work or services set forth in this third Agreement, without invalidating said third Agreement or any amendments thereto, to elect to exercise any existing option specified in the Scope of Services for extra work or services or to order extra work or services pursuant to a duly executed Change Order or to expend previously authorized contingent funds to cover expenses for work or services agreed to by the Parties but exceeding the amounts initially specified under the Compensation provisions of this third Agreement or thereby make changes by altering, adding to or deducting from said work or services. b) Change Order No extra work or services as set forth in subsection (a) above may be undertaken unless a written "Change Order" is first given by the Contract Officer to the Consultant, incorporating therein in the contract and/or the time to perform this third Agreement, which said adjustments are subject to the written approval of the Consultant. 16. TERMINATION This third Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a) As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b) Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this third Agreement. 17. NONDISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this third Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this third Agreement shall be determined and governed by the laws of the State of California. Both Parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this third Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this third Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maindin such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this third Agreement. 20. MISCELLANEOUS PROVISIONS a) Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this third Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this third Agreement. e) Whenever the terms of the Recitals of this third Agreement conflict with terms of any Exhibit incorporated herein by reference, then the terms and intent of the Recitals of this third Agreement shall prevail and be controlling. d) No default, delay or failure to perform on the part of the Parties shall be considered a breach of this third Agreement where such default, delay or failure is due to a force majeure or to circumstances beyond the Parties control. Such circumstances will include, without limitation, strikes, riots, civil disturbances, actions or inactions concerning government authorities, epidemics, pandemics, war, terrorist acts, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or default of a common carrier or other disasters or events. e) This third Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. (Signatures on following page) I IN WITNESS WHEREOF, the Parties hereto have executed this third Agreement the date and year first above written. ATTEST: of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney L By: Ryan 0.C . dg Assistant ity ttorney FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA ' ine Ridge City Manager CONSULTANT: Walker Consultants ... i 4' E-Wcslgmd by Wicks ks@ Ikerunultants.um, Jonathan Wicf a zwks b-t,.owGPMs, .�plar, 21.07.30a1:27:46arW Name: Jonathan Wicks Title: `Project Manager/Consultant Walker Consultants EXHIBIT A Original Agreement Proposal for Services (March 25, 2016) V WALKER PARKING CONSULTANTS March 25, 2016 Mr, Arturo Rodriguez Management Aide City of Santa Ana Finance and Management Services Agency 20 Civic Center Plaza M-17 Santa Ana, CA 92702 Re: Revised Proposal for Consulting Services City of Santa Ana Public Parking Facilities Santa Ana, CA Dear Mr. Rodriguez: 606 S Olive Street, Suite 1 100 Los Angeles CA 90014 Office: 213,488.4911 Fax: 213.488,4983 www,w alke(parking.com Based upon our recent conversation and RFQ submittal, we understand the City of Santa Ana is seeking the services of a professional parking consultant to assist in the process of procuring a third party parking operator for the City's public parking structures. Additionally the City desires Walker's expertise in maximizing parking efficiency at the 1022 S Main Si, 2011 N Main St, and 300 S Main St/ 301 S Sycamore St surface parking lots, as well as an engagement for "on -call" parking consulting services, The following details the scope of work proposed to support the operator request for proposal procurement and implementation process, as well as the value added professional services and fees needed to complete the engagement. SCOPE OF SERVICES TASK ONE - PARKING OPERATOR RFP AND PROCUREMENT ASSISTANCE 1.1 Meet on site with City representatives to finalize project parameters and obtain relevant background information. 1,2 Review the existing operations to ascertain the current operating methodologies used at each of the individual sites that comprise the City's system. 1.3 Review and comment on the appropriate scope of services for inclusion in the solicitation package that will be based upon current and proposed future conditions that may include the three surface parking lots referenced above on Main St, 1.4 Develop a list of qualified third -party professional parking firms that will be used for distribution purposes upon approval by the City. MAProposols\2016\4 Sludres\GaveMrnenl\City of Sonia Ana\03-25-2016 REV Santo Ana Consulting Services PRO.doo 25E-21 WA4.KER Mr, Arturo Rodriguez 41�PARKING C01,15UUAPltS Proposal for Parking Consulting NW March 25, 2016 Page 2 1.5 Verify the final RFP timeline from issuance through contract award date. 1.6 Review and comment upon the current parking management agreement used by the City. The City's legal counsel will prepare the final parking management agreement that will be included in the RFP. 1,7 Draft the technical elements of a RFP for the purposes of soliciting parking management services (City to issue RFP) and submit to City for review and approval, 1.8 Assist the City in arranging and conducting a pre -proposal conference and site -tour of the City's system for all prospective bidders. 1.9 Review and answer all written questions submitted by bidders subsequent to the pre - proposal conference and site tour with assistance from the City, 1.10 Review proposals submitted for compliance with the terms and conditions contained in the RFP solicitation. 1.1 1 Prepare a summary of all proposals submitted. Summary will include a comparison of the proposed staffing levels and costs, management fees, operating, maintenance and marketing plans (summary will not include reference checks or an assessment of the bidders' financial competency). 1.12 In conjunction with the City, recommend a short list of proposers. 1.13 Develop questions for short listed proposer interviews for City's consideration and use. 1,14 Participate as the City's parking consultant, as a non -voting member, on the RFP evaluation and selection committee. We can begin work within two (2) weeks of receipt of written acceptance and notice to proceed. Each task will be performed consecutively, and the tentative length of time to complete each project task is as follows: • RFP Document Issued to Prospective Bidders • Pre -bid Conference and Site Tour • Written Questions Due • Addendum Issued • Proposals Due • oral Interviews by Short-listed Bidders (tentative) • Contract Award (tentative) • Commencement Date (tentative) 25E-22 May 13, 2016 May 24, 2016 May 26, 2016 May 27, 2016 June 14, 2016 June 22, 2016 June 30, 2016 August 1, 2016 WALKER Mr. Arturo Rodriguez PnNHPJG UnSULi Proposal for Parking Consulting °' March 25, 2016 Page 3 TASK TWO - FUNCTIONAL DESIGN/ OPERATIONAL REVIEW Additional parking capacity may be found through functional design analysis and an evaluation of layout efficiency. Paid parking may be implemented based on a market and stakeholder analysis. For each of the three surface parking lots on Main Street, Walker will: 2.1 Obtain plans for each surface parking lot, preferably in CAD format. 2.2 Visit the site and meet with City to gain a better understanding of the parking operation, complaints received from tenants, and functional and/or operational challenges that are currently experienced. 2.3 Review the parking design standards applicable for the City of Santa Ana. 24 Evaluate various aspects of the parking operation, including: a. Striping layouts; b. Lane configurations; c. Space allocations; d, Wayfinding; e. Operational procedures; f. Technology analysis; and g. Feasibility of paid parking. 2.5 Discuss with City representatives the needs of the users of the facility, primary pedestrian points, and accessible parking. 2.6 Determine whether existing striped accessible stalls and paths of travel meet mandatory minimum requirements for layout and number of provided ADA stalls per lot. 2.7 Conduct a micro -market rate survey comparing transient, event, and monthly parking rates at competitive garages within a two block radius of each lot. 2.8 Provide a range of cost for each of our recommendations. 2.9 Provide City with a draft letter report that summarizes our findings and recommendations which will include supporting diagrams as necessary. 2.10 Meet with City to discuss the draft letter report and prepare a final report that addresses the feedback received from the meeting. TASK THREE - ON CALL CONSULTING SERVICES Walker will perform additional services on an on -call/ as needed basis as requested by City. See attached Firm Profile for partial list of services and Standard Billing Rates by position. 25E-23 EXHIBIT A-1 Third Agreement Proposal for Services (July 28, 2021) July 28, 2021 Julie Castro -Cardenas Economic Development Specialist II Community Development Agency 20 Civic Center Plaza Santa Ana, CA 92701 Re: Proposal for Consulting and Planning Services Santa Ana, CA Dear Julie: Walker Consultants (Walker) is pleased to submit for your review this proposal for additional services to the City of Santa Ana (City). The City of Santa Ana desires entering into an on -call contract with Walker Consultants to further the mission of Economic Development in Downtown and the City's parking programs. Based on this project understanding, Walker proposes the following for each project: SCOPE OF SERVICES PHASE ONE — ON CALL CONSULTING SERVICES 1. Research specific topics related to the parking industry as directed by City staff. 2. Provide information about best practices, industry standards, and other relevant information as requested by City staff. 3. Continue providing assistance with the Request for Proposal for Parking Operator: a. Attend City Council Meetings; b. Assist with contract negotiations; C. Review final budget, agreement, scope of services for the parking operator; and d. Other related research and information as needed/requested. SCHEDULE Walker anticipates beginning work upon receipt of a signed agreement or notice to proceed, contingent upon approval, contract renewal, and available funds. Schedules for on call services will be determined as each service is requested by the City of Santa Ana. https://walkerconsultants-my.sharepoint.com/personal/Jwicks_walkerconsultants_com/documents/california/santa ana/07-28-2021 cosa parking pro.doa Ms. Julie Castro -Cardenas July 28, 2021 Page 2 PROFESSIONAL FEE We propose providing the Scope of Services for this project in accordance with the attached General Conditions of Agreement and Standard Billing Rates for a Not to Exceed fee of $30,000. Any work performed beyond the parameters detailed in the proposed scope of work, such as requested condition assesment services, will be performed upon receiving additional written authorization from the City. Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, and other project related expenses. Our goal is your complete satisfaction. If any part of this agreement does not meet your needs, please let us know and we will workto provide a proposal that does so. We appreciate your consideration of Walker Consultants and look forward to again being of service to the City of Santa Ana. Sincerely, WALKER CONSULTANTS Jonathan Wicks, CAPP, CPP Project Manager Enclosures General Conditions of Agreement for Consulting Services Standard Billing Rates AUTHORIZATION Trusting that this meets with your approval, we ask that you sign in the space below to acknowledge your acceptance of the terms contained herein, and to confirm your authorization for us to proceed. Please return one signed original of this agreement for our records. CITY OF SANTA ANA Accepted by (Signature) Printed Name Title Date WALKER GENERAL CONDITIONS OF AGREEMENT CONSULTANTS FOR CONSULTING SERVICES PAGE 3 SERVICES Walker Consultants ("Walker") will provide the CLIENT professional services that are limited to the work described in the attached letter ("the services"). Any additional services requested will be provided at our standard hourly rates or for a mutually agreed lump sum fee. The services are provided solely in accordance with written information and documents supplied by the CLIENT and are limited to and furnished solely for the specific use disclosed to us in writing by the CLIENT. No third -party beneficiary is contemplated. All documents prepared or provided by WALKER are its instruments of service, and any use for modifications or extensions of this work, for new projects, or for completion of this project by others without Walker's specific written consent will be at CLIENT's sole risk. PAYMENT FOR SERVICES Walker will submit monthly invoices based on work completed plus reimbursable expenses. Reimbursable expenses will be billed at 1.15 times the cost of travel and living expenses, purchase or rental of specialized equipment, photographs and renderings, document reproduction, postage and delivery costs, long distance telephone and facsimile charges, additional service consultants, and other project related expenses. Payment is due upon receipt of invoice. If for any reason the CLIENT does not deliver payment to WALKER within thirty (30) days of date of invoice, Walker may, at its option, suspend or withhold services. The CLIENT agrees to pay Walker a monthly late charge of one- and one-half percent (1'/:%) per month of any unpaid balance of the invoice. STANDARD OF CARE Walker will perform the services in accordance with generally accepted standards of the profession using applicable building codes in effect at time of execution of this Agreement. Walker's liability caused by its acts, errors or omissions shall be limited to the fee or $10,000, whichever is greater. Any estimates or projections provided by Walker will be premised in part upon assumptions provided by the CLIENT. Walker will not independently investigate the accuracy of the assumptions. Because of the inherent uncertainty and probable variation of the assumptions, actual results will vary from estimated or projected results and such variations may be material. As such, Walker makes no warranty or representation, express or implied, as to the accuracy of the estimates or projections. PERIOD OF SERVICE Services shall be complete the earlier of (1) the date when final documents are accepted by the CLIENT or (2) thirty (30) days after final documents are delivered to the CLIENT. n r?4 T WALKER CONSULTANTS STANDARD BILLING RATES FOR BASIC SERVICES Principal/Director.......................................................................................................................................... $240.00 Senior Project Manager/Senior Consultant.................................................................................................. $225.00 ProjectManager/Consultant......................................................................................................................... $205.00 Senior Engineer/Senior Architect.................................................................................................................$215.00 Engineer/Architect........................................................................................................................................ $175.00 Analyst/Planner/Specialist...........................................................................................................................$160.00 Assistant Project Manager/Assistant Consultant.......................................................................................... $155.00 Designer......................................................................................................................................................... $140.00 SeniorTechnician.......................................................................................................................................... $140.00 Technician...................................................................................................................................................... $130.00 Senior Administrative Assistant/Business Manager...................................................................................... $125.00 AdministrativeAssistant...............................................................................................................................$100.00 Subject to annual adjustment on January J each year. r-rancine R. Villareal Yntarem AC� �® CERTIFICATE OF LIABILITY INSURANCE Date: 2021.06.28162538 -07'0( DA ig 1 (MMID Y) 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 Professional Concepts Insurance Agency, Inc. 1127 South Old US Highway 23 Brighton MI 48114-9861 CONTACT NAME: carts@pciaonline.com MNMN (800) 969-4041 FAXUVCNu: teoal969-40e1 E-MAIL carts@pciaonline.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC 9 INSURERA: Travelers Incises. Co of America 25666 INSURED Walker Parking Consultants Engineers, Inc. Walker Consultants 707 Wilshire Blvd., Suite 3650 Los Angeles CA 90017 INWRERB:TraVelers Indemnity Co. of CT 36170 INSURER C: Travelers Indemnity Cc 25658 INSURERD:XL Specialty Ins. Co. 37885 INSURERE: INSURERF: GUVCKNl9t5 GGKIItRWAIL INUM5CK:Z1-ZZ NJ/ HEVINION 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. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE POLICY NUMBER POLICY NDDIYYYY MMIDDNWY LIMITS X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE XO OCCUR ENTED PREMISES Ea occurtence $ 300,000 X MED UP (Any one parson) $ 5,000 Contractual Liability X Y 680IM254172147 5/23/2021 5/23/2022 X X,C,U PERSONAL SADV INJURY $ 1,000,000 B 6605N988754- FL GEN'LAGGREGATE UMITAPPLIES PER: GENERALAGGREGATE S 2,000,000 6801J1669102147- cA POLICY [K] PEP LOC PRODUCTS -COMP/OPAGG S 2,000,000 S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLEUMIT Ea accltleM $ 1,000,000 X BODILY INJURY (Per person) $ C ANYAUTO ALL OWNED SCHEDULED AUTOS AUTOS X RABR0091GA21GRP 5/23/2021 5/23/2022 BODILY INJURY (Per accident) S X NON-0WNED HIREDAUTOS N AUTOS PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE S 2,000 000 C EXCESS UAB CLAIMS -MADE DED X RETENTION S 10,000 $ CUP1D3197442147 5/23/2021 5/23/2022 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 C ANY PROPRIETORIPARTNERIUECUTIVE OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under NIA Ua5LC3205582147 5/23/2021 5/23/2022 E.L. DISEASE -FA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 D Professional Liability DPa9976004 5/23/2021 5/23/2022 Per Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD f01, Additlonal Remarks Schedule, may be attached N more apace Is required) Project: 37-8605.02 City of Santa Ana, Parking Consultant Services. City of Santa Ana, its officers, employeess, agents, volunteers and representatives are considered additional insured's with respects to general and auto liability coverage as long as required within a written contract. Waiver of subrogation in favor of certificate holder and additional insured's as long as required within a written contract. Coverage is primary and non-contributory as it applies to general liability, auto liability and umbrella. 30 day written notice provided to certificate holder and additional insured's for cancellation of coverages listed. 10 day notice for nonpayment of listed policies. CERTIFICATE HOLDER CANCELLATION AGut3errez@santa-aura. org RI&I Monarwrit Dhislen SHOULD ANY OF THE ABOVE DESCRIBI REVIEWED & APPROVED BY: City of Santa Ana THE EXPIRATION DATE THEREOF, NOTI '1 Risk Management Division ACCORDANCE WITH THE POLICY PROF'1/NYhk1. V:PhE 20 Civic Center Plaza, 4th FL Risk Management Analyst Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE 00, q (D 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS0251201401) Insured Walker Parking ConsultantsEngineers, Inc. Policy No. 680111254172117 68011166910297, 6605N988754 Policy Period: 5/2 3/2 021-5/2 3/2 022 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARCHITECTS, ENGINEERS AND SURVEYORS COVERAGE XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage forany injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the restof your policy carefully to determine rights, duties, and whatis and is notcovered. A. Broadened Named Insured K. Additional Insured -Lessor Of Leased Equipment B. Incidental Medical Malpractice L. Additional Insured State Or Political C. Reasonable Force Bodily Injury or Property Damage D. Non -Owned Watercraft- Increased To Up To 75 feet E. Aircraft Chartered With Crew F. Damage To Premises RentedTo You G. Malicious Prosecution - Exception To Knowing Violation Of Rights OfAnother Exclusion H. Medical Payments -Increased Limit I. Increased Supplementary Payments 1. Additional Insured -Owner, Manager Or Lessor Of Premises PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to S ECTION II - WHO IS AN INSURED: Any organization, other than a partnership or joint venture, over which you maintain ownership or majority interest on the effective date of the policy qualifies as a Named Insured. However, coverage for any such additional organization will cease as of the date during the policy period that you no longer maintain ownership of, or majority interest in, such organization. Subdivisions - Permits Relating ToPremises M. Additional Insured State Or Political Subdivisions -Permits Relating ToOperations N. Who Is An Insured- Newly Acquired OrFormed Organizations 0. Knowledge And Notice Of Occurrence OrOffense P. Unintentional Omission Q. Waiver Of Transfer Of Rights Of Recovery Against Others To Us When Required By Written Contract R. Amended Insured Contract Definition - Railroad Easement Unless you are in the business or occupation of providing professional healthcare services, "occurrence" also means an act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person. 2. The following is addedtDthe DEFINITIONS S ection: "Good Samaritan services" means any emergency medical services for which no compensation is demanded or received. The following is added to Paragraph2.a.(1) of S ECTION II - WHO IS AN INSURED: B. INCIDENTAL MEDICAL MALPRACTICE Unless you are in the business or occupation 1. The following is added to the definition of of providing professional health care services, "occurrence" in the DEFINITIONS Section: Paragraphs (1)(a), (b), (c) and (d) above CG D3 79 0116 02016T he Travelers Indemnity Company. All rights reserved Facie 1 of 6 REviEwsD 6 Arrrtcrom Or Risk Management Analyst COMMERCIAL GENERAL LIABILITY does not apply to any 'bodily injury' arising out of any providing or failing to provide first aid or "Good Samaritan services" by any of your "employees", other than an employed doctor. Any such "employees" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: Sale of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to Paragraph 5. of SECTION III -LIMITS OF INSURANCE: insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect a nypeffionorproperty. D. NON -OWNED WATERCRAFT - INCREASED TO UP TO 75 FEET 1. The following replaces Paragraph (2) of Exclusion g., Aircraft Auto Or Watercraft, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; 2. The following is added to Paragraph 2. of SECTION II - WHO IS AN INSU RED: Any person or organization that, with your express or implied consent, either uses or is responsible for the use of a watercraft that you do not own that is: For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in the providing or failing to provide first aid or "Good Samaritan services" to any one person will be 3. considered one "occurrence". 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to arty of your "employees" for "bodily injury" that arises out of providing or failing to provide first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II - Who Is An Insured. C. REASONABLE FORCE -BODILY INJURY OR PROPERTY DAMAGE ThefolloWngreplaces Exclusion a., Expected Or Intended Injury, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: a. Expected Or Intended Injury Or Damage 'Bodily injury' or "property damage" expected or intended from the standpoint of the (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge; The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured for 'bodily injury" that arises out of the use of a watercraft that you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry any person or property for a charge. E. AIRCRAFT CHARTERED WITH CREW 1. The following is added to Exclusion g., Aircraft, Auto Or Watercraft in Paragraph 2_ of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY in COVERAGES: This exclusion does not apply to an aircraft that is: (a) Chartered with crew to any insured; Page 2 of6 C 2016 The Travelers Indemnity Company. All fights reserved. rvex ivrnrgrnter¢ utvumn 11 w c� IbmEwED&APPRcrAo BYE: �' Ruk Management Analyst F (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. 2. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured for use of an aircraft that is: (a) Chartered with crew to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or property for a charge. DAMAGE TO PREMISES RENTEDTOYOU 1. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A BODILY INJ URY AND PROPERTY DAMAGE LIABILITY in COVERAGES: Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting fromsuch fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to such damage to premises as described in Paragraph 6. of Section III - Limits Of Insurance. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pressure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from water, or c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. COMMERCIAL GENERAL LIABILITY 2. The following replaces Paragraph 6. of SECTION III -LIMITS OF INSURANCE: Subject to S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of. a. $1,000,000; or b. The amount shown on the Declarations of this Coverage Part for Damage To P remises R ented To You Limit 3. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINITIONS Section: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: (1) Fire; (2) Explosion; (3) Lightning; (4) Smoke resulting from such fire, explosion, or lightning; or (5) Water, is not an "insured contract"; 4. The following replaces Paragraph 4.b.(1)(b) of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for premises rented to you, or temporarily occupied by you with the permission of the owner, CG D3 79 0116 C 201GThe Travelers Indemnity Company. All rights reserved. Risk MWArmad0mbion REnewm 6 APFRoveo By., VWA%fft -� Risk Management Analyst COMMERCIAL GENERAL LIABILITY G. MALICIOUS PROSECUTION - EXCEPTION TO KNOWING VIOLATION OF RIGHTS OF ANOTHER EXCLUSION The following is added to Exclusion a., Knowing Violation Of Rights Of Another, in Paragraph 2. of SECTION I - COVERAGES - COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY: This exclusion does not apply to "personal injury" caused by malicious prosecution. H. MEDICALPAYMENTS- INCREASED LIMIT The following replaces Paragraph 7. of SECTION III -LIMITS OF INSURANCE: 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C. for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of. (a) $10,000; or (b) The amount shown on the Declarations of this Coverage Part for Medical Expense Limit I. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS COVERAGES A AND B of SECTION I - COVERAGES: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS COVERAGES A AND B of SECTION I - COVERAGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to S500 a day because of time off from work J. ADDITIONAL INSURED -OWNER, MANAGER OR LESSOR OF PREMISES The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract to name as an additional insured on this Coverage Partis an insured, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" caused by an offense that is committed, after you have signed that contract and b. Arises out of the ownership, maintenance or use of that partof any premises leased to you under that written contract The insurance provided to such premises owner, manager or lessor is subject to the following provisions: a. The limits of insurance provided to such premises owner, manager or lessor will be the limits which you agreed to provide in the written contract or the limits shown on the Declarations of this Coverage Part, whichever are less. b. The insurance provided to such premises owner, manager or lessor does not applyto: (1) "Bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, manager or lessor. cc The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. K. ADDITIONAL INSURED -LESSOR OF LEASED EQUIPMENT The following is added to SECTION 11 - WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written contract to name as an additional insured on this Coverage Partis an insured, butonlywith respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" that a. Is "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" caused by an offense that is Page 4 of6 02016The Travelers Indemnhy Company. All rights resented. . iuormtmuuuwn REAEWEo&ApwavmSr. u Risk Management Analyst committed, after you have signed that written contract and b. Is caused, in whole or in part by acts or omisslons of you or any person or organization performing operations on your behalf, in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract or the limits shown on the Declarations of this Coverage Part whichever are less; and b. The insurance provided to such equipment lessor does not apply: (1) To any "bodily injury" or "property damage" caused by an "occurrence" that takes place, or "personal injury" caused by an offense that is committed, after the equipment lease expires; or (2) If the equipment is leased with an operator. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. L. ADDITIONAL INSURED STATE OR POLITICAL SUBDIVISIONS PERMITS RELATING TO PREMISES The following is added to Paragraph 2. of SECTION II -WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with premises owned or occupied by, or rented or loaned to, you, is an insured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the existence, ownership, use, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, elevators, street banners or decorations for which that state or political subdivision has issued such permit COMMERCIAL GENERAL LIABILITY M. ADDITIONAL INSURED STATE OR POLITICAL SUBDIVISIONS PERMITS RELATING TOOPERATIONS The following is added to Paragraph 2. of SECTION II -WHO IS AN INSURED: Any state or political subdivision that has issued a permit with respect to operations performed by you or on your behalf is an insured, but only with respect to "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of operations performed by you or on your behalf for which that state or political subdivision has issued such permit However, no such state or political subdivision is an insured for. (1) "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of operations performed for that state or political subdivision; or (2) "Bodily injury" or "property damage" included within the "products - completed operations hazard". N. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4.a. of SECTION II - WHO IS AN INSURED: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it or (2) Until the end of the policy period, when that date is later than 180 days afteryou acquire or form such organizations, if you report such organization in writing to us within 180 days after you acquire or form it 0. KNOWLEDGE AND NOTICE OF OCCURRENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim Or Suit, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2 of Section II -Who Is An Insured: CG D3 79 0116 ® 2016 The Travelers Indemnity Company. All rights reserved. Paae 5 of6 Wek Movgmk-& h tlm Rov® REvEWED 6 APPBr. � Anc'c:he Q V:U.c�uL RuIs Management Analyst I COMMERCIAL GENERAL LIABILITY (1) Notice to us of such "occurrence" or of an offense must be given as soon as practicable only after the "occurrence" or offense is known to you (if you are an individual), any of your partners or members who is an individual (if you are a partnership orjoint venture), any of your managers who is an individual (if you are a limited liability company), any of your trustees who is an individual (if you are a trust), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture, limited liability company or trust), or any "employee" (such as an insurance, loss control or risk manager or administrator) authorized by you to give notice of an "occurrence" or offense. Knowledge by any other "employee" of an "occurrence" or offense does not imply thatyou also have such knowledge- (2) If you are a partnership, joint venture, limited liability company or trust and none of your partners, joint venture members, managers or trustees are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is: (i) A partner or member of any partnership or joint venture; (ii) A manager of any limited liability company; f ii) A trustee of any trust or (iv) An executive officer or director of any other organization; that is your partner, jointventure member, manager or trustee; or (b) Any "employee" authorized by such partnership, joint venture, limited liability company, trust or other organization to give notice of an "occurrence" oroffense. health insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons described in Paragraphs e. (1) or(2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under the Coverage Part may apply. P. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Representations, of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN REQUIRED BY WRITTENCONTRACT The following is added to Paragraph 8., Transfer of Rights of Recovery Against Others to Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a written contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract signed by you prior to loss. R. AMENDED INSURED CONTRACT DEFINITION -RAILROAD EASEMENT 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINITIONS Section: (3) Notice to us of such "occurrence" or C. Any easement or license agreement offense will be deemed to be given as soon as practicable if it is given in good 2. Paragraph f.(1) of the definition of "insured faith as soon as practicable to your contract' in the DEFINITIONS Section is workers' compensation, accident or deleted. Page 6 of6 C2016 The Travelers Indemnity Company. All rights reserved. CG D3790116 RA MmugemerA Dh eim REvEweo 6 APPRC Br. fv-,e,«a Z VSAMA[ RUK Management Analyst Walker Panting Consultants Engineers, Inc Policy#CUP1D3197442147 Policy Period 5/23/2021-5/23/2022 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY (UMBRE LLA)INSURANCE The following is added to Paragraph 11., OUR RIGHT TORE COVER FROM OTHERS., of SECTION IV — CONDITIONS.: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization we waive our right of recovery against such person or organization, but only for payments we make because of a. "Bodily injury" or "property damage" caused by an "occurrence"thattakes place; or b."Personal injury" or"adaerfisinginjury" caused by an "offense" that is committed; subsequent tothe execution of the contract or agree- ment UM 04 88 07 08 0200B The Travelers Companies, Inc. Pagel oft Includes the copyrighted mterial chmuranre Services Office, Inc with it permission __ RialeMwgementDivieitnt f'a; REVIEWED 6 APPROVED Sr. "1 .,`j font P. Vr[ Ku management Malyst Insured Walker Parking Consultants Engineers, Inc. Policy Na 680111254172147, 680111669102147, 6605N988754 Policy Period 5/23/2021-5/23/2022 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but a. Only with res pect to lia bility for "bodily iN ury", "property damage" or "personal injury'; and b. If, and only to the extent that the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement The insurance provided to such additional insured is limited as follows: & This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the eventthatthe Limits of Insurance ofthe Coverage Partshown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III - Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured underany other insurance. CG D3 81 0915 02015 The Travelers Indemnity company All rights reserved. Includes the copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 Rids Morgernent Dfvision LRE EwEci6 AP1PRow®8r. RUR Management Analyst COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer of Rights Of Recovery Against others To Us, of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the 'bodily injury" or "property damage" occurs, orthe "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part provided that the 'bodily injury' and "property damage" occurs and the 'personal injury" is caused by an offense committed: a. After you have signed that written contract, b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page oft C2O1S The Trevelers Indemnity Company All rightsresewed Includes the copyrighted material of Insurance Services Office, Inc., with its permission CIS D3 81 091 S Rldt Malvgnnntt [Rtision Reim 6APPRovED Or u fwc:«a Z V:LLs, Al >. �U Risk Management Malys[ Walker Parking Consultants Engineers, Inc. PolicyllIOUP I D3197442147 Policy Period: 5/23/2021-5/23/2022 UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF WHO IS AN INSURED This endorsement modifies insurance provided under the following COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE Paragraph 21 of SECTION II — WHO IS AN IN- S URED is deleted and replaced by the following f. Any other person or organization insured under any policy of the "underlying insurance" listed in the SCHEDULE OF UNDERLYING INSURANCE of the DECLARATIONS of this insurance. This insurance issubjecttoall theprovisionsand limi- tations upon coverage under such policy of "un- UM D4 45 05 06 derlying insurance, and the limits of insurance afforded to such person or organization will be: (i) The differencebetweenthe"underlyingin- surance" limits and the minimum limits of in- surance which you agreed to provide; or (i) The limits of insurance of this policy whichever is less. it 2eo6 Tire St Paul Travelers Companies, Inc Page 1 of 1 Rialt M Vlagemend Divi91an ReviE b APPROv® BY: ?Y1,t1LIJtJ= FV-_11L t P, V: _"v 1��1L®L11�11 RukWlanagementAnalyst TRAM FRSl ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 0003 13 (00) -001 Policy: U35K3205582147 WAIVER OF OUR RIGHT TORE COVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extentthatyou perform work under a written contract that requires you to obtain this agreementfrom us.) This agreements hall not operate directly or indirectly to benefit any one not na med in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATE D ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 05-31-18 STASSIGN: Risk Mnvgemndffaision ,'' .. _ RFnEWED 6 App t Br ''�' F Z V:lLyu[ Risk Management Analyst Walker Parking Consultants Engineers Inc Policy#BABR0091OA21GRP Policy Period 5/23/2021-05/23/2022 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsementmodifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added t1 Paragraph A.l.c., Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organizatioR that is signed and executed by you before the "bodily injury" or "property damage" occurs and that Is in effect during the policy period, to be named as an addi- tional insuredis an "insured" forCovered Autos Liability Coverage, but an for damages to which this insurance applies an only to the extent that person or organization qualifies as an"insured" underthe Wfio is An Insured provision contained in S E CTION II. 2. The following is added to Paragraph B.S., Other Insurance of SECTION IV —BUSINESS AUTO CONDITIONS: Regardless ofthe provisions of paragrapha. and paragraph d. of this part S. Other Insurance, this insurance is primary to and noncontributory with applicable other insurance under which an addi- tional insured person or organization is the first named insured when the written contract or agreement between you and that person or or- ganization, that is signed and executed by you before the "bodily injury" a "properly damage" occurs and that is in effect during the policy pe- riod, requires this insurance t1 be primary and non-contributory. CA T4 74 02 15 02015 The Travelers I demnityCornpany. All rights reserved. Page 1 of 1 Includes copyrighted material of Insure ce Services Office, Inc with Us pennissian R1dt Mleag mmt Dirvill firvlerreo 6 APPRovED 8Y: 091rilly M. ��— Rtsk Management Analyst COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement maybe excluded or limited by another endorsement to the C overage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this err darsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. B. BLANKETADDITIONAL INSURED C. EMPLOYEE HIREDAUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE —INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE —GLASS PROVISIONS A BROAD FORM NAMED INSURED The following is added to Paragraph A.1" Who Is An Insured, of SECTION li-COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain SO% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- bi the 180th day after you acquire a form the or- ganizaton or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A1., Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract a agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage' occurs and that is in effect during the policy period, to be named as an addi- tonal insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which HIRED AUTO PHYSICAL DAMAGE L9SS OF USE INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person a organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A1., Who Is An Insured of SECTION R-COV- EREDAUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" nae m, with your permiss ion, while performing dudes related to the conduct of your bus i- nes s. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CAT353021S 02015 The Travelers Indemnity Company. AO rights reserved Pagel of Includes copyrighted material of Insurance Services office, Inc. with 16 permisslaa RIA Mnugirr ntDh6im REVIEWED 6 APPraw® Or 0,11INFIIIII-M' Risk Management Analyst E. COMMERCIAL AUTO permission, while performing duties related to the conduct ofyour busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto'. D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II —COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. SUPPLEMENTARY PAYMENTS _INCREASED LIMITS 1. The following replaces ParagraUU TOS h LofSECTION I—COVEREAAIA61L- ITY COVERAGE: (2) Upto$3,000for cost of bail bonds (in- dudingbondsfor related trafficlawviola- tons) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION IFCOVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request including actual loss of earnings up to $500 a day be- cause of time off from work HIRED AUTO— ERAGE—INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV— BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em bargo, or similar regulation imposed by the United States of America applies to andpro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent a borrow from any of your "employees", partners (if you are a partnership), members (if yqu are a limited lia,ility company) or mem rs of their househo ds. (a) With respectto any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent (ii) We may, at our discretion, participate in defending the "insured" against or in the settlement of, any claim or "suit''. (iv) We will reimburse the "insured" for sums that the "insured" legallymust pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II —COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the 'Snsured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such LIMITED WORLDWIDE COV- ..suit., but oC11� 4 dJ8 an nc within the limit described in Para- graph C., Limits Of Insurance, of SECTION II —COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the insured" whether primary, excess, contingent or on any other basis- (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. Page 2 of4 0201 S The Travelers Indemnity company. All rights reserved. CA T3 53 02 15 Includes copyrighted ma[enal of Ineurance Services Otfice, Inc. vdth is pennissim. Rk1 Man VmntDh6Ian Rusk Management Analyst You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required local law. Your failure to comply wit compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements - III) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates ofinsurance, or for compliance in any way with the laws of other countries relatingto insurance. G. WAIVER OF DEDUCTIBLE CLASS Thee, f olfoSECTIONded to P PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will appN to glass damage if the glass is repaired rather tthhan replaced. H. HIRED AUTO PHYSICAL DAMAGE —LOSS OF USE —INCREASED LIMIT The following replaces the last sentence of Para- graph A4.b., Loss Of Use Expenses, of SEC- TION III PHYSICAL DAMAGE COVERAGE: However, the mostwe will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident'. 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES —INCREASED LIMIT The following replaces the first sentence in Para- graph A4.a., Transportation Expenses, of SECTION III _ PHYSICAL DAMAGE COVER- AGE: We will pay up to $SO per day to a maximum of $1,SOO for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to$400for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured" and COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION ll-PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you ovfn that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A1.6. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV &USINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to (a) You (ifyou are an individual); (b) A partner (if you are a partnership); (c) A member ('6 you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (a) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV BUSINESS AUTO CONDI- TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you a written contract signed and execu prior to any "accident' or "loss", provided that the "accident' or "loss' arises out of operations contemplated by CA T3 53 02 15 02015 The Travelers Index pity Company. All rights reserved Page 3 of 4 Includes copynglaecimatenal of Insurance Services Office, Inc with ifs permission _ Risk Miumpnimt Division `` Revlerho 6 APPROv® BY: FAIIL� Z V:LGcar tl link Management Analyst COMMERCIAL AUTO such contract The waiver applies only to the person or organization designated in such contract N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment Misrepresentation, Or Fraud, of SECTION IV 9JUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. Haw - ever this provision does not affect ourrighttocol- lect additional premium or exercise our right of cancellation or non -renewal. Page4of4 m2G1SThe Travelers Indemnity Company. All rights reserved CAT3S30215 Includes copyrighted matenal afinsursnce services Office, Inc. with its permission +^e"•`;< Risk Mangmrerd Diviiimt REvIEwED 6 APPROV®BY: f4^*0LW Z V:1 AVAt Risk Management Analyst