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23-089 CTS for Regnart Road Improvements Phase 1
Page 1 of 9 Professional/Consulting Contracts /Version: October 2021 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Construction Testing Services (“Contractor”), a Corporation for Regnart Road Improvements Phase 1 Project, and is effective on the last date signed below (“Effective Date”). 2. SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on August 31, 2024 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective Date and shall be completed by August 31, 2024. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on time and materials but that will be capped so as not to exceed $56,407.68 (“Contract Price”), without prior authorization, based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. Page 2 of 9 Professional/Consulting Contracts /Version: October 2021 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remint to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. Page 3 of 9 Professional/Consulting Contracts /Version: October 2021 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available Page 4 of 9 Professional/Consulting Contracts /Version: October 2021 to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, (except for claims arising from alleged professional negligence) and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. Page 5 of 9 Professional/Consulting Contracts /Version: October 2021 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination Page 6 of 9 Professional/Consulting Contracts /Version: October 2021 laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Nick Willingham as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Evelyn Moran as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. Page 7 of 9 Professional/Consulting Contracts /Version: October 2021 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Page 8 of 9 Professional/Consulting Contracts /Version: October 2021 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Evelyn Moran Email: evelynm@cupertino.org To Contractor Construction Testing Services 2118 Rheem Drive Pleasanton, CA 94588 Attention: Nick Willingham Email: nwillingham@cts-1.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. Page 9 of 9 Professional/Consulting Contracts /Version: October 2021 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Patrick Greenan Title Title President Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk DATE: Aug 4, 2023 Christopher D. Jensen Chad Mosley Director of Public Works Aug 7, 2023 Aug 7, 2023 PRELIMINARY ESTIMATE: QUALITY ASSURANCE INSPECTIONS & TESTING DATE:05/25/2023 PROPOSAL No.:P23758 CLIENT:City of Cupertino PROJECT:City of Cupertino, Regnart Road Improvements Phase 1 - 4LEAF Various locations on Regnart Road, Cupertino, CA LOCATION:Cupertino ITEM: I ESTIMATED ESTIMATED UNIT ESTIMATED ONSITE TESTING & INSPECTIONS DAYS HOURS PRICE TOTAL REINFORCING STEEL & CONCRETE SOLDIER PIERS 8 8 $160.00 $10,240.00 FOOTINGS/GRADE BEAMS 3 8 $160.00 $3,840.00 WALLS / BARRIER 2.5 8 $160.00 $3,200.00 OTHER - MISC CONCRETE 2 4 $160.00 $1,280.00 SOILS & ASPHALT SOILS COMPACTION (CT 231)4 4 $160.00 $2,560.00 ASPHALT COMPACTION (CT 375)1 4 $160.00 $640.00 PORTAL TO PORTAL TRAVEL TIME - NUCLEAR GAUGE TRANSPORT 5 2 $160.00 $1,600.00 PORTAL TO PORTAL MILEAGE - NUCLEAR GAUGE TRANSPORT 5 80 $0.660 $264.00 Preliminary Sub-Total of Onsite Testing & Inspection (approx.)$23,624.00 ITEM: II ESTIMATED ESTIMATED UNIT ESTIMATED OFFSITE TESTING & INSPECTIONS DAYS HOURS PRICE TOTAL STEEL SHOP VISUAL/UT/MT - DAY SHIFT *5 8 $160.00 $6,400.00 PRECAST PANEL 4 8 $160.00 $5,120.00 Preliminary Sub-Total of Offsite Testing & Inspection (approx.)$11,520.00 ITEM: III ESTIMATED UNIT ESTIMATED LABORATORY TESTING & ENGINEERING UNIT/HOURS PRICE TOTAL CONCRETE COMPRESSION TESTS ( SET OF 5-4X8 CYLINDERS )100 $50.00 $5,000.00 SOILS - REALTIVE COMPACTION (CT 216)4 $600.00 $2,400.00 ASPHALT - THEORHETICAL MAX DENSITY (CT 309)1 $375.00 $375.00 SAMPLE PICK-UPS 105 $30.00 $3,150.00 WPS REVIEW 1 $310.00 $310.00 MIX DESIGN REVIEW 3 $310.00 $930.00 STAFF ENGINEER 4 $200.00 $800.00 FIELD SUPERVISION 4 $230.00 $920.00 PROJECT MANAGER 2 $200.00 $400.00 PRINCIPAL ENGINEER IN CHARGE 1 $365.00 $365.00 FINAL LETTER/ENGINEER REVIEW 1 $260.00 $260.00 FINAL LETTER/STAMPED SUBMITTAL 1 $310.00 $310.00 Preliminary Subtotal of Laboratory Testing & Engineering (approx.)$15,220.00 Preliminary Estimated Fees $50,364.00 Project Administration (12%)$6,043.68 Total Preliminary Estimated Fees $56,407.68 *Steel shop price based on work being done in Northern California in one shop and one shift. If work is performed at night a 12.5% differential will be charged. Depending location of facility, travel time and mileage may apply. A 12% project administration fee will be charged monthly per invoice, which is already set forth in the proposal in the Not To Exceed amount of $6,043.68 No contingency is budgeted by CTS for uncontrollable overtime, union or prevailing wage increases and unforeseen requirements that may arise in the specifications, as well as for work over the estimated hours. Owner should budget appropriate amount for budgetary purposes. Estimate based on plans by MME Structural Engineering dated, 3/31/23. No construction schedule was available at the time this estimate was prepared. See attached fee schedule for basis of charges. Estimate includes portal to portal travel time for nuclear gauge transport from laboratory per requirements of the CA Radiological Health Branch. Exhibits A, B, C Standard Discounted * FIELD INSPECTION AND LABORATORY SERVICE Rate/Hour Rate/Hour Steel Visual $230.00 $160.00 Nondestructive - UT, MT, PT $235.00 $160.00 Steel Visual/UT Combination $235.00 $160.00 Concrete ACI $230.00 $160.00 Concrete ICC $230.00 $160.00 Masonry $230.00 $160.00 Fireproofing $230.00 $160.00 Shear Wall Nailing/Framing/Hold Downs $230.00 $160.00 Soil Technician w/Nuclear Gauge and/or Sand Cone (portal-to-portal)$230.00 $160.00 Asphalt Technician (portal-to-portal)$230.00 $160.00 Shoring/Soldier Piers $230.00 Roofing & Waterproofing $230.00 Multi-Disciplined Inspector $230.00 Inspector Requiring G1 Pay Grade $280.00 Specialty Inspector or Where Formal Certification is Required $230.00 Field Inspector with Special Enhancement $230.00 Safety Manager/Safety Inspector/Jobsite Safety Accountability Supervisor (JSAS)$500.00 Laboratory Technician $230.00 Additional Sample Preparation Time $230.00 Technician Typist $230.00 **PROFESSIONAL ENGINEERING SERVICES Principal Engineer (Civil/Structural)$365.00 Geotechnical Engineer $320.00 $290.00 Professional Geologist $305.00 Consulting Engineer (Civil/Structural)$300.00 Associate Engineer, Licensed $260.00 Project Manager $230.00 $200.00 Staff Engineer $230.00 $200.00 Field Supervision $230.00 ASNT Level III $280.00 Drafting $165.00 Quality Control Manager QOR SPECIAL SERVICES Portable and Mobile Laboratories, NDT and Soils QOR *Epoxy Bolt/Expansion Anchor - Installation Observation $230.00 $160.00 *Epoxy Bolt/Expansion Anchor Proof Load Testing (portal-to-portal)$230.00 $160.00 *Coring, 1 Person (including equipment) (portal-to-portal)$305.00 *Coring, 2 Persons (including equipment) (portal-to-portal)$460.00 *Asphalt Coring (portal-to-portal) $330.00 Project Research QOR Ultrasonic Testing for Non-Metallic Materials QOR Pavement Rehabilitation Analysis Using Deflections QOR Roof Moisture Survey QOR Soil Drilling Equipment QOR Geotechnical Site Investigations/Foundation Reports QOR Estimating Concrete Strength by the Maturity Method - Equipment Fee $125/kit ASTM C1074 QOR Gamma-Gamma Logging of CIDH Piles (Daily Rate)CT233 $3,500.00 FGIA/AAMA Window and Skylight Testing (Daily Rate)ASTM E1105, AAMA 501.2, 502 503 $3,500.00 Pachometer, Schmidt Hammer, Windsor Probe, Skidmore - Equipment Fee $115/Day (portal-to-portal)$305.00 Ultrasonic Pulse Velocity Testing - Equipment Fee $250/Day (portal-to-portal)ASTM C597 $650.00 Impact Echo Testing - Equipment Fee $250/Day (portal-to-portal)ASTM C1383 $305.00 Floor Flatness Testing FF/FL - Equipment Fee $115/Day (portal-to-portal)ASTM E1155 $305.00 Surface Frictional Properties Using Pendulum Tester - Equipment Fee $115/Day (portal-to-portal)ASTM E303 $305.00 Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $55/Kit (portal-to-portal)ASTM F1869 $305.00 Relative Humidity Testing - $75/Kit (portal-to-portal)ASTM F2170 $305.00 Ferroscan - Equipment Fee $115/day (portal-to-portal)$305.00 GPR - Equipment Fee $115/day (portal-to-portal)$380.00 Administration, Secretarial, Special Projects, Notary, Certified Payroll $180.00 Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500)$355.00 $310.00 Welding Procedure Review (less than 48 hours notice - $500)$355.00 $310.00 Procedure Qualification Record (PQR) - Standard Procedure (document fee)$500.00 Welding Procedure Specification (WPS) - Standard Procedure (document fee)$500.00 Welder Qualification Test Record (WQTR) - Standard Procedure (document fee)$500.00 DSA Interim Reports $190.00 Geotechnical Pad Letter (less than 48 hours notice - $550)$355.00 Final Letter (less than 48 hours notice - $550)$355.00 $310.00 EXPERT WITNESS TESTIMONY Court appearance, per day $2,550.00 Court appearance, per half day $1,550.00 * Field inspection and laboratory technician services will be billed in accordance with minimums shown on Basis of Charges. **Professional engineering services will be billed in two hour increments. 2023-2024 FEE SCHEDULE - P17378 08/16/2022 PERSONNEL FEES AND BASIS OF CHARGES INSPECTIONS, ENGINEERING & SPECIAL SERVICES inspecting testing engineering All fees subject to Basis of Charges inspecting testing engineering GENERAL MINIMUM HOURLY CHARGES – INSPECTION Technician personnel and the following minimum charges are contractual commitment: One-half day or less 4 Hours Over one-half day 8 Hours Show-up time (less than 2 hours notice = 4 hour charge)2 Hours WORKING HOURS AND PREMIUM TIME Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday. Premium time is as follows: Overtime, Weekdays and Saturdays (first 8 hours)1.5 x quoted hourly rate Overtime Saturdays (over 8 hours) and Sundays (first 8 hours)2 x quoted hourly rate Overtime Sundays (over 8 hours) and Holidays 3 x quoted hourly rate Shift differential, swing and graveyard - (Work performed between 2:00 pm and 4:00 am)12.5%/hour additional to base or quoted rate. ESCALATION Yearly rates will be adjusted annualy starting January 1st of each calendar year as follows: Field Inspection Rates 3% Annually Laboratory and Engineering Rates 5% Annually MISCELLANEOUS CHARGES - Only Where Applicable Notary Services Fee $40.00/each Facsimile Charges. Plus $1.00/page (n/c for cover page)$7.00/minimum Wireless Router/Data Card for Jobsite Internet $135.00/day iPad Monthly Rental Fee $100.00/month Electronic Reporting Fees/Subscriptions (PlanGrid, BIM, etc.)At Cost Parking Fees At Cost Air Travel Cost Plus 10% Outside Services Cost Plus 20% Subsistence (per Union contract)$130.00/day Subsistence Premium: Meal Allowance (over 100 miles one way) (per Union contract)$30.00/day Subsistence Premium: Meal Allowance (over 150 miles one way) (per Union contract)$85.00/day Mileage Standard Federal Rate Sample Pickup $30.00/each Sample Pickup Trip Charge QOR Weekend Sample Pickup $110.00/each Project Administration 15% of Monthly Invoice 12% of Monthly Invoice Samples Made by Others: Concrete Cylinders $130 + Test Samples Made by Others: All Other Tests $55.00 + Test Laboratory Sample Witness Fee $130.00 Laboratory Sample Storage Fee (per sample)$120.00 EZ Cure Boxes (Thermostatically Controlled Curing Boxes)QOR Returned Check Fee $150.00 Additional Sample Retention QOR TESTS Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for tests not listed will be quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests maybe tested by subconsultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up. PAYMENT Invoices will be submitted monthly or bimonthly for services performed during the preceding month and are payable on receipt. Interest of 1.5% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. Attorney’s fees or other costs incurred in collecting any delinquent amount shall be paid by client. Visa, MasterCard and American Express payments are accepted however fees will apply. Visa and MasterCard payments require an additional 3% on top of the amount of the invoice being paid. American Express payments require an additional 4% on top of the amount of the invoice being paid. Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services will be charged at applicable rates and will require travel and mileage charges for equipment transport and storage per code (portal to portal) from the nearest CTS laboratory. Soils testing with nuclear gauge and/or sand cone equipment and inspections requiring equipment will require applicable travel and mileage charges for equipment transport and storage per code (portal-to-portal) from the nearest CTS laboratory. Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client; charges are subject to change at any time. Construction Testing Services reserves the right to adjust the rates quoted in this contract based upon any Union or prevailing wage increases and/or changes in any industry requirements. BASIS OF CHARGES All fees subject to Basis of Charges inspecting testing engineering Standard Discounted CONCRETE Rate/Each Rate/Each Compressive Strength of Cylindrical Concrete Specimens (6x12)ASTM C39 and CT521 $90.00 $50.00 Compressive Strength of Cylindrical Concrete Specimens (4x8)ASTM C39 and CT521 $90.00 $50.00 Compressive Strength of Cylindrical Concrete Specimens (Over 8000 PSI)ASTM C39 and CT521 $165.00 Cylinder molds. 6” x 12” and 4" x 8"ASTM C470 $85.00 Compressive Strength of Lightweight Insulating Concrete ASTM C495 $105.00 Compressive Strength of Cylindrical Concrete Core and Sawed Beam Specimens ASTM C42 $140.00 Flexural Toughness of Fiber Reinforced Concrete (Round Panel)ASTM C1550 $550.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading)ASTM C78 $350.00 Flexural Strength of Concrete (Using Simple Beam with Third-Point Loading)CT523 and CT524 $350.00 Length Change of Hardened Hydraulic-Cement Mortar and Concrete (Shrinkage, 1 Sample)ASTM C157 $175.00 Shotcrete Nozzleman Qualification Letter (Per Nozzleman, Per Position)ACI 506, ASTM C42 and C1140 $500.00 Shotcrete Pre-Qualification Cores (Compression and Visual)ACI 506, ASTM C42 and C1140 $125.00 Shotcrete Production Cores ASTM C1140 $125.00 Coefficient of Thermal Expansion AASHTO T336 $575.00 Determining Density of Structural Lightweight Concrete (Cylinders)ASTM C567 $450.00 Standard Specification for Concrete Made by Volumetric Batching and Mixing ASTM C685 $1,000.00 Cement Quality Sampling CBC 2010 $700.00 Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete ASTM C472 $65.00 Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C496 $270.00 Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression ASTM C469 $250.00 Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room CBC $160.00 Density of Hydraulic Cement ASTM C188 $220.00Testing of Controlled Low Strength Material (CLSM) Test Cylinders ASTM D4832 $175.00GFRC Pull Test PCI $440.00GFRC Flexural Test PCI $440.00Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell-Crete)ASTM C796 $600.00 MASONRY Compressive Testing of Grout (Masonry)ASTM C1019 $135.00 Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens ASTM C109 $135.00 Compressive Strength of Masonry Prisms ASTM C1314 $210.00 Testing Concrete Masonry Units and Related Units (Core Compression)CBC 2105A.4 $210.00 Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample)ASTM C780 A7.6 $135.00 Testing Concrete Masonry Units (CMU) and Related Units (Full Unit)ASTM C140 $210.00 Linear Drying Shrinkage of Concrete Masonry Units (Per Unit)ASTM C426 $315.00 Masonry Core Shear Testing CBC 2105A.4 $315.00 Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight)ASTM C140 $390.00 Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate, efflorescence)*ASTM C67 $1,050.00 Mortar Molds. 2” x 4”. Single Use $135.00 Mortar or Grout, Stored and Cured, Not Tested (Including Mold)$135.00 Veneer Bond Testing, does not include sample fabrication (Set of 5)ASTM C482 $525.00 AGGREGATES (CONCRETE AND SOILS) Sieve Analysis of Coarse Aggregates (Coarse Only 2" - No.4)(sample size over 2" QOR)ASTM C136, CT202, and AASHTO T-27 $245.00 $175.00 Sieve Analysis of Fine Aggregates (Fine Only, Wash Included No.4 - No.200) ASTM C136/C117, CT202, and AASHTO T-27/AASHTO T-11 $315.00 $225.00 Sieve Analysis of Combined Fine and Coarse Aggregates (Wash Included 2" - No.200) (sample size over 2" QOR) ASTM C136/C117, CT202, and AASHTO T-27/AASHTO T-11 $400.00 $275.00 Materials Finer Than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing (200 Wash)ASTM C117, CT202, and AASHTO T-11 $245.00 $175.00 Evaluating Cleanness of Coarse Aggregate CT227 $400.00 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C88, CT214, and AASHTO T-104 $325.00 Bulk Density/Unit Weight of Aggregate ASTM C29, CT212, and AASHTO T-19 $225.00 Clay Lumps and Friable Particles in Aggregates ASTM C142 and AASHTO T-19 $250.00 Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate ASTM D4791 and CT235 $415.00 Organic Impurities in Fine Aggregates for Concrete ASTM C40 and CT213 $415.00 Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate ASTM C127, CT206, and AASHTO T-85 $415.00 Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate ASTM C128, CT207, and AASHTO T-84 $415.00 Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C131, C211, and AASHTO T-96 $565.00 Resistance to Degradation of Large Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C535 $565.00 Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured Particles in Coarse Aggregate ASTM D5821, CT205, and AASHTO T-335 $450.00 Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture, and Grading) ASTM C1252, CT234, and AASHTO T304A $450.00 Sand Equivalent Value of Soils and Fine Aggregate ASTM D2419, CT217, and AASHTO T-176 $315.00 $250.00 Durability Index (Fine)ASTM D3744, CT229, AASHTO T-210 $450.00 Durability Index (Coarse)ASTM D3744, CT229, AASHTO T-210 $450.00 Durability Index (Fine and Coarse)ASTM D3744, CT229, AASHTO T-210 $450.00 Lightweight Particles in Aggregate ASTM C123 and AASHTO T113 QOR Resistance of Rock to Wetting and Drying CRD-C169 $625.00 Aggregate Moisture Content ASTM C566 $625.00 *Unusual sample preparation for brick specimen will be charged at the established hourly rate. CONCRETE AND MASONRY TESTS All fees subject to Basis of Charges inspecting testing engineering Standard Discounted SOILS Rate/Each Rate/Each Moisture Content of Soil by Oven ASTM D2216, CT226, and AASHTO T-265 $170.00 Moisture Content of Soil by Microwave Oven ASTM D4643 $225.00 Density of Soil in Place by the Drive-Cylinder Method including Moisture Content of Soil by Oven D2937 $255.00 Remold of Soil Samples Varies $150.00 Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (Permeability)ASTM D5084 $600.00 Permeability Additional Cell Time $600.00 Direct Shear Test of Soils Under Consolidated Drained Conditions (per point)ASTM D3080 $600.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (three points)ASTM D4767 $1,100.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points)ASTM D4767 $375.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point)ASTM D4767 $375.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (includes 3 points)(includes Pore Pressures)ASTM D4767 $1,950.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points)(includes Pore Pressures)ASTM D4767 $650.00 Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point)(includes Pore Pressures)ASTM D4767 $650.00 Unconsolidated Undrained Triaxial Compression Test for Cohesive Soils (per point)ASTM D2850 $185.00 Unconsolidated Undrained Triaxial Compression Test for Cohesive Soils with added backpressure saturation (per point)ASTM D2850 $315.00 One-Dimensional Consolidation Properties of Soils Using Incremental Loading ASTM D2435 $575.00 Unconfined Compressive Strength of Cohesive Soil ASTM D2166 and CT221 $225.00Compressive Strength of Molded Soil-Cement Cylinders ASTM D1633 $300.00 Particle-Size Analysis of Soils (with Hydrometer)ASTM D422 $660.00 Particle-Size Analysis of Soils (without Hydrometer)ASTM D422 $600.00 Particle-Size Distribution of Fine Grained Soils using Sedimentation Analysis ASTM D7928 and ASTM D422 $600.00 Particle-Size Distribution (Gradation) of Soils Using Sieve Analysis (2" - No.200) (sample size over 2" QOR)ASTM D6913 $385.00 Material Finer than No.200 by Washing (200 Wash)ASTM D1140 $235.00 Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM D4318 and CT204 $600.00 $400.00 Determination of Organic Soils Classification using Liquid Limit of Soils ASTM D4318/D2487 $775.00 Organic Content of Soils and Peat ASTM D2974 $330.00Unified Soil Classification System (USCS) Test ASTM D2487 $350.00 Moisture-Density Relations of Soil Using Modified Effort (Modified Proctor)ASTM D1557 $350.00 Moisture-Density Relations of Soil Using Standard Effort (Standard Proctor)ASTM D698 $525.00 $350.00 Moisture-Density Relations of Soil Using Modified DWR Method DWR Modified $525.00 Moisture-Density Relations of Soil Using Rapid Compaction Method ASTM D5080 $525.00 Moisture-Density Relations of Soil-Cement Mixtures ASTM D558 $525.00 Moisture-Density Relations of Soil, 1 Point Check Point ASTM D698 $400.00 Moisture-Density Relations of Soil, 2 Point Check Point ASTM D698 $450.00 Moisture-Density Relations of Soil, 3 Point Check Point ASTM D698 $525.00 Moisture-Density Relations of Soil, 1 Point Check Point ASTM D1557 $350.00 Moisture-Density Relations of Soil, 2 Point Check Point ASTM D1557 $450.00 Moisture-Density Relations of Soil, 3 Point Check Point ASTM D1557 $525.00 Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 $550.00 Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 $330.00 Maximum Dry Unit Weight of Granular Soils Using a Vibrating Hammer ASTM D7382 $500.00 Relative Compaction of Untreated and Treated Soils and Aggregates CT216 $600.00 Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement Soils by the Stabiliometer ASTM D2844 and CT301 $650.00 $425.00 Expansion Index of Soils ASTM D4829 $500.00 Standard Test Methods for Specific Gravity of Soil Solids by Water Pycnometer ASTM D854 $400.00 pH of Soils ASTM D4972 $550.00 Density of Hydraulic Cement ASTM C188 $375.00 Volatile Organic Content EPA 8260B QOR Semi Volatile Organics by GC/Ms (Basic Target List)EPA 8270C QOR Total Organic Carbon ASTM 2974/EPA 5310Bm QOR ICP Metals Concentration EPA 6020 - CAM/CCR 17 QOR Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes, %SS EPA 8015B QOR ICP Metals Concentration EPA 6020 QOR pH EPA 9045D $600.00 Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR Chromium Soluble EPA 7196A QOR Caltrans Corrosivity Package $575.00 Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water CT643 QOR Soils and Waters for Sulfate Content CT417 QOR Soils and Waters for Chloride Content CT422 QORPore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer ASTM D4542 $700.00California Bearing Ratio Test (does not include moisture density relations)ASTM D1883 $400.00Bentonite Slurry Testing QOR ** Does not include sample preparation or sieve analysis * Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at established rates for laboratory technician. SOILS AND AGGREGATE SERVICES AND TESTS All fees subject to Basis of Charges inspecting testing engineering Standard Discounted ASPHALT Rate/Each Rate/Each Thickness/Height of Compacted Bituminous Paving Mixture Specimens Field Cores ASTM D3549 and CT308 $200.00 Bulk Specific Gravity of Compacted Bituminous Mixture (Individual field cores or lab compacted)ASTM D1188, ASTM D2726, CT308, AASHTO $315.00 Lab Compaction Only of Bituminous Mixture by Marshall Apparatus (Marshall) (Per Specimen)ASTM D6926 $315.00 Lab Compaction Only of Bituminous Mixture by CA Kneading Compactor (HVEEM) (Per Specimen)ASTM D1561, CT304, and AASHTO T-247 $315.00 Lab Compaction Only of Bituminous Mixture by Superpave Gyratory (Superpave) (Per Specimen)ASTM D6925, and AASHTO T-312 $315.00 Laboratory Test Max Density (LTMD) (5 Specimen, includes compaction of specimen and bulk specific ASTM D1561/(D1188 and D2726) and $1,150.00 Superpave Bulk specific gravity (includes gyratory compaction of 3 specimen and bulk specific gravity)AASHTO T-312/T-275/T-166 $1,150.00 Marshal Lab Compacted Max Density (3 Specimen, includes compaction of specimen and bulk specific ASTM D6926/(D1188 and D2726)$1,150.00 Theoretical Maximum Specific Gravity and Density (Rice)ASTM D2041, CT309, and AASHTO T-209 $500.00 $375.00 Marshall Stability and Flow of Bituminous Mixtures (average Set of 3, includes sample compaction)ASTM D6926/ASTM D6927 $1,150.00 Measuring the Permeability of Bituminous Pavements and Seal Coats CT341 QORSwell of Bituminous Mixtures CT305 $440.00 Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt ASTM D1461 and CT307 $1,000.00 Stabilometer Value of field compacted cores (Per Specimen)ASTM D1560, CT366, and AASHTO T-246 $445.00 Stabilometer Value of Lab compacted samples (Average of 3 Specimen, Includes Sample ASTM D1561/D1560, CT304/CT366, and $1,150.00 Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method ASTM D6307, CT382, and AASHTO T-308 $450.00 Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method ASTM D6307, CT382, and AASHTO T-308 $450.00 Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent)ASTM D2172 and CT310 $800.00 Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate (Afterburn Gradation)ASTM D5444, CT202, and AASHTO T-30 $450.00 Moisture Content of Bituminous Mixture CT370 and AASHTO T-329 $475.00 Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6)ASTM D1075 $3,700.00 Compressive Strength of Bituminous Mixtures ASTM D1074 $350.00 Hamburg Wheel Track (includes compaction by gyratory)(includes 2 runs)AASHTO T324 $4,000.00 Tensile Strength Ratio (TSR) Moisture Susceptibility (includes compaction of 6 Specimen ASTM D4867 and AASHTO T-283 $4,000.00 Tensile Strength Ratio (TSR) Moisture Susceptibility (includes compaction of 12 Specimen)CT371 $6,000.00 Indirect Tensile (IDT) Strength of Bituminous Mixtures ASTM D6931 $3,750.00 Air Voids Calculation of Compacted Bituminous Mixture ASTM D3203, CT367, and AASHTO T-269 $215.00 PG Verification (Determining Low Temperature Performance Grade (PG) of Asphalt Binders)ASTM 6816 QOR MATERIALS MECHANICAL TESTS Mechanical Testing of Steel Products (General Tensile)ASTM A370 $550.00Fillet Weld Break Test for Qualification (Welding)AWS B4.0 $250.00Tension Testing of Metallic Materials, Tension Testing Wrought and Cast Aluminum and Magnesium-ASTM E8, B557 and AWS B4.0 $550.00Mechanical Testing of Steel Products (Couplers)ASTM A370 $550.00Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched Bar Impact Testing of Metallic ASTM E2248 and ASTM E23 QORTesting, Practices, and Terminology for Chemical Analysis of Steel Products ASTM A751 $375.00Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #3-#8 ASTM A370 and E290 $440.00Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #9-#11 ASTM A370 and E290 $500.00Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+ASTM A370 and E290 QORMechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete ASTM A370, A82 and A185 $500.00Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds ASTM E190 and AWS B4.0 $350.00Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor Bolts ASTM F307, F1554 and F606 $600.00Rockwell Hardness of Metallic Materials ASTM E18 $185.00Proof Test for Carbon and Alloy Steel (Nuts Only)ASTM A194 or A563 $375.00Radiographic Examination of Metallic Castings/Weldments ASTM E94, E1030 and E1032 QORMacroetching Metals and Alloys ASTM E340, E381 and AWS $375.00Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers, ASTM F606 $425.00Mechanical Testing of Steel Products (Terminators Tensile)ASTM A370 $425.00Strength for Sewn or Bonded Seams of Geotextiles ASTM D4884 $375.00Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure ASTM D2261 $375.00Breaking Strength and Elongation of Textile Fabrics (Grab Test)ASTM D5034 $325.00Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars ASTM D3039 $1,050.00Steel Strand, Uncoated Seven-Wire for Prestressed Concrete (Set of 2)ASTM A416 and A1061 $1,600.00 FIREPROOFING Thickness and Density of Sprayed Fire-Resistive Material (SFRM)ASTM E605 $295.00Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only)ASTM E736 $85.00 CONTACT INFORMATION Headquarters: 2118 Rheem Drive • Pleasanton, CA 94588 • P 925.462.5151 • F 925.462.5183 Peninsula: 44 Tehama, Suite 305 • San Francisco, CA 94105 • P 415.334.4747 • F 415.438.2357 Oakland: 246 30th Street, Suite 101 • Oakland, CA 94601 • P 510.444.4747 • F 510.835.1825 Stockton: 343 East Main Street, #711 • Stockton, CA 95202 • P 209.507.7555 • F 209.507.7554 Rocklin: 4400 Yankee Hill Road • Rocklin, CA 95677 • P 916.419.4747 • F 916.419.4774 Las Vegas: 3842 E. Post Road • Las Vegas, NV 89120 • P 702.257.4747 • F 702.257.4718 ASPHALTIC CONCRETE SERVICES AND TESTS MECHANICAL TESTS AND FIREPROOFING San Jose: 2033 Gateway Place, #500 • San Jose, CA 95110 • P 408.573.6992 • F 408.437.1201 All fees subject to Basis of Charges Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER LIMITS(MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) POLICY EFF POLICY NUMBERTYPE OF INSURANCELTR INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY volunteers ADDITIONAL INSURED: The City of Cupertino, its City Council, officers, officials, employees, agents, servants and #P23758 / RE: City of Cupertino / Regnart Road Improvements Phase 1 / 925-244-7700 6,000,000 X X Pleasanton, CA 94588 57UENOL5645 X 10,000 2,000,000 P. O. Box 5003 HDunn-SRC 1-925-244-7700 X 08/01/23 City of Cupertino 08/01/24X 1,000,000 X 08/01/24 2,000,000 2,000,000 D 1,000,000 08/01/24 UB7W358698 N 08/02/2023 Professional/Pollution 08/01/23 1,000,000 E 6,000,000 Aggregate Per Claim 08/01/23 Construction Testing Services, Inc. San Ramon, CA 94583 69392917 69392917 2118 Rheem Drive [San Ramon - Branch ID 14394] Edgewood Partners Insurance Centers (EPIC) 08/01/23 1,000,000 300,000 925-901-0671 08/01/23 08/01/24 08/01/24 USA 57XHUOL5055X X CONTINENTAL CAS CO TRAVELERS PROP CAS CO OF AMER HARTFORD CAS INS CO MCH591919731 HARTFORD UNDERWRITERS INS CO HARTFORD FIRE IN CO Cupertino, CA 95014 X X C XX X 1,000,000 20443 57UUNOL5054 25674 29424 30104 19682 1,000,000 A B 10300 Torre Avenue EPICcerts@epicbrokers.com Certificates Department 10,000 X 2,000,000 X CA LIC 0B29370 SUPP (10/00) SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE NAME OF INSURED: Construction Testing Services, Inc. 08/02/2023 HG 00 01 09 16 Page 1 of 21 © 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section II - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. SECTION I - COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a.We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1)The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2)Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B. b.This insurance applies to "bodily injury" and "property damage" only if: (1)The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (2)The "bodily injury" or "property damage" occurs during the policy period; and (3)Prior to the policy period, no insured listed under Paragraph 1.of Section II -WhoIs An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c."Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1)Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2)Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3)Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d.Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice And Good Samaritan Coverage "Bodily injury" arising out of the rendering of or failure to render the following health care services by any "employee" or "volunteer worker" shall be deemed to be caused by an "occurrence" for: POLICY NUMBER: 8812/ Page 12 of 21 HG 00 01 09 16 The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b.Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a."Bodily injury" to a co-"employee" of the person operating the watercraft; or b."Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed,in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1)The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a)"Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor wouldhaveintheabsenceofthe contract or agreement; (b)Any express warranty unauthorized by you; (c)Any physical or chemical change in the product made intentionally by the vendor; (d)Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e)Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f)Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or HG 00 01 09 16 Page 13 of 21 (h)"Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i)The exceptions contained in Sub- paragraphs (d)or (f);or (ii)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2)This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1)Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2)With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1.Any "occurrence" which takes place after you cease to lease that land; or 2.Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1)In connection with your premises; or (2)In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1.The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1)"Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2)"Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1)In the performance of your ongoing operations; Page 14 of 21 HG 00 01 09 16 (2)In connection with your premises owned by or rented to you; or (3)In connection with "your work" and included within the "products-completed operations hazard", but only if (a)The written contract or agreement requires you to provide such coverage to such additional insured; and (b)This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". However: (1)The insurance afforded to such additional insured only applies to the extent permitted by law; and (2)If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional insureds is described in Section III -LimitsOf Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a.Medical expenses under Coverage C; b.Damages under Coverage A,except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard"; and c.Damages under Coverage B. 3. Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products- completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2.above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2.or 3.above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a.Damages under Coverage A;and b.Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5.above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. Page 16 of 21 HG 00 01 09 16 (3)Any manager, if you or the additional insured is a limited liability company; (4)Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5)Any trustee, if you or the additional insured is a trust; or (6)Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a.To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b.To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j.of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c.below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract Ifyouhaveagreedinawritten contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. HG 00 01 09 16 Page 17 of 21 Paragraphs (a)and (b)do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a.We will compute all premiums for this Coverage Part in accordance with our rules and rates. b.Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c.The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1)The statements in the Declarations are accurate and complete; (2)Those statements are based upon representations you made to us; and (3)We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a.As if each Named Insured were the only Named Insured; and b.Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. 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ISSUE:--2 '(6,*1$7('3(5621 '(6,*1$7('25*$1,=$7,21 CTS for Regnart Road Improvements Phase 1 Project Final Audit Report 2023-08-07 Created:2023-08-03 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAR_bQ_Y1nP2-lC_zs6TFilwRGz-8Z8sWf "CTS for Regnart Road Improvements Phase 1 Project" History Document created by City of Cupertino (webmaster@cupertino.org) 2023-08-03 - 5:46:27 PM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2023-08-03 - 5:48:40 PM GMT Email viewed by Julia Kinst (juliak@cupertino.org) 2023-08-03 - 6:00:57 PM GMT- IP address: 104.47.73.126 Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2023-08-03 - 6:21:52 PM GMT - Time Source: server- IP address: 98.97.57.33 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-08-03 - 6:21:54 PM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-08-03 - 8:50:03 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to Pat Greenan (pgreenan@cts-1.com) for signature 2023-08-03 - 8:50:04 PM GMT Email viewed by Pat Greenan (pgreenan@cts-1.com) 2023-08-04 - 1:26:04 AM GMT- IP address: 104.28.111.138 Document e-signed by Pat Greenan (pgreenan@cts-1.com) Signature Date: 2023-08-04 - 11:35:40 PM GMT - Time Source: server- IP address: 209.202.233.34 Document emailed to christopherj@cupertino.org for signature 2023-08-04 - 11:35:42 PM GMT Email viewed by christopherj@cupertino.org 2023-08-04 - 11:36:06 PM GMT- IP address: 104.47.73.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-08-04 - 11:36:25 PM GMT- IP address: 136.24.22.111 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-08-04 - 11:36:27 PM GMT - Time Source: server- IP address: 136.24.22.111 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2023-08-04 - 11:36:29 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2023-08-07 - 4:28:40 PM GMT- IP address: 104.47.73.126 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2023-08-07 - 4:28:56 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-08-07 - 4:28:58 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-08-07 - 4:49:27 PM GMT- IP address: 104.28.123.99 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-08-07 - 6:04:30 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2023-08-07 - 6:04:30 PM GMT