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13-140 Pavement Engineering Inc., Consultant Services for 2013 Pavement Maintenance Project Phase 1 OFFICE OF THE CIT`(CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3223•FAX: (408)777-3366 WEBSITE:www.cupertino.org CUPERTINO May 8, 2014 Pavement Engineering Inc, 3820 Cypress Drive, Suite 3 Petaluma, CA 94954 Re: Amendment to agreement for consultant services. Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works f FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PAVEMENT ENGINEERING INC FOR 2013 PAVEMENT MAINTENANCE PROJECT-PHASE 1.CONTRACT ADMINISTRATION, INSPECTION AND TESTING This First Amendment to the Consultant Services Agreement between the City of Cupertino and Pavement Engineering Inc, for reference dated September 3, 2013 , is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Pavement Engineering Inc.,..a California corporation whose address is 3820 Cypress Drive Suite.3 Petaluma CA ' 94954, (hereinafter "Consultant"), and is made with reference.to the following: .. RECITALS: A. On September 3, 2013, an agrE�ement was entered into by and between City and Pavement Engineering Inc., (hereinafter "Agreement"). B. City and Pavement Engineering; Inc.,_desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1.TERM section of the Agreement is mod'if'ied to read as follows: The services and/or materials furnished-under this Agreement shall commence on the date of this agreement is executed and shall be completed before March 7, 2014, or as extended by agreement. 2. COMPENSATION section of the Agreement is modified to read as follows: The maximum compensation to be paid. to Consultant under this agreement shall not exceed one hundred eleven thousand, six hundred forty-two dollars and fifty cents ($111,652.50). The rate of payment is set out in Exhibit C, titled "Compensation 3. Except as expressly modified herein., all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Page 1 of 2 Amendment IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. Pavement Engineering Inc. CITY OF CUPERTINO A Calif orniTCorporation A Municipal Corporation Bye By Paul R. Curren, P.E. Director of Public Works, Timm Borden Title Senior Principal Engineer Date��( �/y Date 03/31/2014 RECOM ENDED FOR APPROVAL: By Asses t Director of Public Works Roger Lee APPR VED AS TO FORM: By In Vj-�arol Korade, City Attorney ATTEST: B y C7 ; -S—�';L"(4 Grace Schmidt, City Clerk"1 Total Amount$111,652.50 Amendment Amount$12,842.50 hg f Account No.270-8404-9325 Page 2 of 2 Amendment f I OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO September 10, 2013 Pavement Engineering Inc. 3820 Cypress Drive, Suite 3 Petaluma, CA 94954 RE: Agreement Enclosed for your records is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Dorothy Steenfott Senior Office Assistant Enclosure cc: Public Works AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PAVEMENT ENGINEERING INC. FOR CONSULTANT SERVICES FOR 2013 PAVEMENT MAINTENANCE PROJECT-PHASE 1 ' e cv- THIS AGREEMENT, for reference dated August 5, 2013, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Pavement Engineering, Inc., a California corporation, whose address is 3820 Cypress Drive, Suite 3, Petaluma, CA 94954 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate o r ,N ovember 22, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED:: Consultant shall perform each and every service set forth in Exhibit "A". titled "Scope of Services" which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFORMANCE: Page T,of 13 Non-Design Professional Agreement The Services of Consultant are to be completed according to the schedule set out in Exhibit B, titled "Schedule of Performance", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed ninety eight thousand, eight hundred and ten dollars ($98,810.00). The rate of payment is set out in Exhibit C, titled "Compensation", which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed. statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, -unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. Page 2 of 13 Non-Design Professional Agreement 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 9. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 10. PROJECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. Roger Lee is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Paul Curren. 11. HOLD HARMLESS: Indemnification: A. Claims for Professional Liabili ly- Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all Page 3 of 13 Non-Design Professional Agreement services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability'. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 12. INSURANCE: On or before the commencement o E the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of Califorrda. Endorsements naming the City as Page 4 of 13 Non-Design Professional Agreement additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liabili : Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or Page 5 of 13 Non-Design Professional Agreement maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant 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 without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership Page fi of 13 Non-Design Professional Agreement or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included. in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including,but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 17. REPORTS: A. Each and every report, draft:, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. Page 7 of 13 Non-Design Professional Agreement D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. Page S of 13 Non-Design Professional Agreement All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Roger Lee All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: PEI Inc. 3820 Cypress Drive, Suite 3 Petaluma, CA 94954-6964 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction.. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Page 9 of 13 Non-Design Professional Agreement Any suits brought pursuant to this. Agreement shall be filed with the courts of the County of Santa Clara, State of California. 23. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 25. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either Page 10 of 13 Non-Design Professional Agreement party. 27. CAPTIONS: The captions 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. Page 11 of 13 Non-Design Professional Agreement P.O. No.: � IN WITNESS W 70F, the parties have caused the Agreement to be executed. / CONSULTAN V CITY OF CUPERTINO IIYfEl�IT LNGINEEL DIC livC. r PAV , Municipal Corporation PEI Inc. 3820 Cypress Drive, Suite 3 Petaluma,,.0-fir-94954-6964 By_ By Timm Borden, Director of Public Works Name Paul R. Curren, P.E. Date Title Senior Principal Engineer Date 08/21/2013 Tax I.D. No.: 68-0461866 APPROVED AS TO FORM: Address: 3820 Cypress Drive, Suite 3 Petaluma, CA 94954-6964 /� - i / Ga�1 Karol Korade, iI Attorne ATTEST: %';_�J%�' k Grace Schmidt, City Clerk Contract Amount: '�i , e?t 0, �D Account No. : a 70 - `F Non-Design Professional Agreement Page 12 of 13 EXHIBIT A SCOPE OF SERVICES CONSULTANT shall perform professional services as detailed in the following sections related to the contract administration, construction inspection and sampling& testing for the 2013 Pavement Maintenance Project-Phase 1 located on various streets though out the City of Cupertino. SECTION 1. GENERAL A. General Project Description:The PROJECT involves contract administration, construction inspection and sampling& testing for the 2013 Pavement Maintenance Project-Phase 1. This project includes, but is not limited to, the general oversight, inspection, and testing of approximately 1.3,900 tons of asphalt, 5775 square yards of failed asphalt removal, 130,000 lineal feet of crackfill, asphalt cold planing, raising of utility iron, replacement of pavement markings and traffic control. The amount available for consultant services of the PROJECT, including contingencies for contract administration, construction inspection and sampling& testing and price escalations, is approximately($99,000) NINETY NINE THOUSAND DOLLARS("CONTRACT ADMINISTRATION BUDGET"), this budget amount may change based on the performance and schedule of the construction contractor. B. General Performance Requirements: 1. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2. The CITY's Department of Public Works shall manage the PROJECT and this AGREEMENT. CONSULTANT shall receive final direction from the CITY's Director of Public Works or his/her authorized designee(hereinafter collectively "CITY") only. The CITY shall resolve any conflicting direction from other groups, departments or agencies. 3. CONSULTANT shall coordinate this scope of services with the CITY as well as with other CITY consultants and contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and minutes for all PROJECT meetings during the design phase under the scope of work. The CITY has O'Grady Paving on contract for the construction of this project, CONSULTANT shall coordinate with O'Grady Paving on all construction matters and other items as they may arise. All minutes of meetings are due to the CITY within five (5) working days after meeting dates. CONSULTANT shall provide copies of such documentation to the CITY, and as Page 1 of 10 PEI, Inc.Agreement 2013 Pavement Maintenance Project—Phase 1 Exhibits directed by the CITY, to other appropriate agencies and entities. CONSULTANT shall coordinate all responses to comments through the CITY. 4. CONSULTANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY. CONSULTANT shall not substitute any team members without the prior approval of the CITY. 5. CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly process of the work. The schedule for the performance included in EXHIBIT B, may be adjusted by mutual agreement. 6. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT. CONSULTANT shall consult with the CITY, research applicable design criteria, and communicate with members of the PROJECT team. 7. When the CITY determines that the PROJECT requirements have been sufficiently identified, CONSULTANT shall prepare and update a PROJECT schedule for the CITY at the beginning of each TASK as defined in SECTION 2- "TASK" of this EXHIBIT A. The PROJECT schedule shall identify milestone dates for decisions required of the CITY, design services furnished by CONSULTANT and CONSULTANT's SUBCONSULTANTS, dates of reviews and approvals required by all governmental agencies that have jurisdiction over the PROJECT, deliverables to be furnished by CONSULTANT, completion of documentation provided by CONSULTANT, commencement of construction and substantial completion of the construction of the PROJECT, and as identified in the exhibits under this AGREEMENT. 8. CONSULTANT shall submit construction documents to the CITY, according to SECTION 2—"TASKS", of this EXHIBIT A for purposes of evaluation and approval by the CITY. The CITY including the Department of Public Works Engineering and City Facilities and Department of Parks and Recreation will review the documents during each phase. CONSULTANT will meet with the CITY for progress review at various stages of the PROJECT. CONSULTANT will be responsible for causing the appropriate SUBCONSULTANT(S) to attend any meetings included in this SCOPE OF SERVICES. CONSULTANT shall make revisions to the construction documents as required for each task in a timely manner. 9. CONSULTANT shall assist the CITY, as requested by the CITY, in connection with the CITY's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the PROJECT, including submitting to the CITY's Building Department for a building permit if required. 10. CONSULTANT shall prepare and present to the CITY an Organization Chart, Directory, and Communication Flow Chart at the PROJECT Kick-Off Meeting. This meeting shall introduce team members, establish routes of communication, and discuss the participants' roles, responsibilities, and authority. Page 2 of 10 PEI, Inc. Agreement 2013 Pavement Maintenance Project-Phase 1 Exhibits SECTION 2. TASKS TASK #1: CONTRACT ADMINISTRATION: This task shall include the following items: Arrange for and attend meeting including pre-construction and weekly meetings(if necessary); track work quantities and review pay estimates; assist in negotiating change orders; preparing change orders; keep track of contract time(either working or calendar days);schedule inspectors and testing appropriate for the work being performed; and assist City personnel in other tasks related to administration of the construction contract. TASK #2: CONSTRUCTION INSPECTION: This task shall include the following items: Provide inspectors to perform inspection and testing of work for verification of compliance with contract requirements; document completed construction quantities and locations; monitor adequacy of traffic control; sample construction materials as appropriate or specified in specifications; monitor working hours for start and end times in accordance with the specifications; and assist the City as requested with reviewing the Contractor's work for contract compliance. Also provide engineering opinions on the ongoing; work to provide appropriate alternatives to specified work to reduce costs or rectify potential problems as issues arise during the course of the work. TASK# 3: SAMPLING&TESTING: This task shall include the following items: Sample and test HMA products in accordance with the contract specifications. Obtain samples of other materials as appropriate. Perform testing in accordance with the specified frequency using the required test methods using qualified personnel. TASK#4: POST CONSTRUCTION: This task shall include the following items: Organize all construction documentation for presentation and filing by the City, prepare balancing change order upon completion of the work, perform a final inspection and assist in resolving any outstanding issues with the Contractor. Page 3 of 10 PEI, Inc. Agreement 2013 Pavement Maintenance Project—Phase 1 Exhibits EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall complete all work by November 22, 2013. The following sets forth the distribution of CONSULTANT's Schedule of Performance for each task. The CITY may approve in writing the extension of any milestone date set in this Exhibit. Task #1: Contract Administration _ Initiation and Duration of Contract Task #2: Construction Inspection _ Initiation and Duration of Contract Task #3: Sam lin &Testing _ Initiation and Duration of Contract Task #4: Post Construction 45 Calendar Days after Completion of Work Page 4 of 10 PEI, Inc. Agreement 2013 Pavement Maintenance Project—Phase 1 Exhibits EXHIBIT C COMPENSATION A. Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this AGREEMENT. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT, including both payment for professional services, additional services and reimbursable expenses, shall not exceed NINETY EIGHT THOUSAND EIGHT HUNDRED TEN DOLLARS($98,810). CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A of this AGREEMENT, TASKS and inclusive of reimbursable expenses, for the maximum not to exceed amount of NINETY EIGHT THOUSAND EIGHT HUNDRED TEN DOLLARS ($98,810). B. Method of Payment For Task Nos. 1 through 3 CONSULTANT shall, during the term of this AGREEMENT, invoice the CITY monthly based upon a percentage of completion of each milestone set forth below in the Payment Schedule (Schedule D below) for ser✓ices performed, and reimbursable expenses incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter "Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice within thirty (30) working days of receipt of the Invoice. The Invoice shall be based on the percentage of nlestone completed, and it shall describe the topics and tasks completed during the Invoice period in accordance with the Budget Schedule and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth below. CONSULTANT also shall include supporting documents for any reimbursable expenses. The Invoice shall also show the total to be paid for the Invoice period. Page 5 or 10 PEI, Inc. Agreement 2013 Pavement Maintenance Project—Phase 1 Exhibits C. Budget Schedule The Budget Schedule for this AGREEMENT shall be as follows: Task Task Description Compensation Task#1: Contract Administration $ 18,775 Task #2: Construction Inspection $64,535 Task #3: Sampling&Testing $9,270 Task #4: Post Construction $6,230 TOTAL $98,810 CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior written authorization from the CITY. The CITY may approve in writing the transfer of budget amounts between any of the Tasks listed above provided the total AGREEMENT amount does not exceed NINETY EIGHT THOUSAND EIGHT HUNDRED TEN DOLLARS($98,810) Page 6 of 10 PEI, Inc. Agreement 2013 Pavement Maintenance Project—Phase 1 Exhibits D. Payment Schedule The Payment Schedule for this AGREEMENT shall be as follows: TASK MILESTONE PERCENT OF TASK COMPENSATION PAID UPON COMPLETION OF MILESTONE Task #1 — Contract Administration Time and Materials per Fee Schedule Task#2- Construction Inspection Time and Materials per Fee Schedule Task#3— Sampling&Testing Time and Materials per Fee Schedule Task #4—Post Construction Time and Materials per Fee Schedule E. Subconsultant Services. CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services. F. Reimbursable expenses. Reimbursable expenses are included in CONSULTANT's lump sum compensation, including, but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the responsibility of the CITY. There are no separate reimbursable expenses for Basic Services performed under Tasks 1-4 of EXHIBIT A. Page 7 o E 10 PEI, Inc. Agreement 2013 Pavement Maintenance Project—Phase 1 Exhibits G. Additional Services. CONSULTANT shall not perform Additional Services without prior written authorization of the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time and material basis at the rates set forth herein, as authorized by the CITY. CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized Additional Services rendered during the previous month. In the event Additional Services are authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate schedule attached to this EXHIBIT C. The rates shown in the EXHIBIT C-1 sall stay in effect during the full tenn of the contract. The CITY shall pay Additional Services Invoices as provided in this EXHIBIT C. Page 8 o E 10 PEI, Inc. Agreement 2013 Pavement Maintenance Project—Phase 1 Exhibits Exhibit C-1 Consultant Hourly Rates for Additional Services CITY OF CUPERTINO-2013 PMP PROJECT ENGINEERING&TECHNICIAN RATES TOW DESCRIPTION RATE PER 300 Senior Principal Engineer $210.00 Hour 301 Principal Engineer $175.00 Hour 340 PW Project Inspector $135.00 Hour 341 PW Laydown Inspector $135.00 Hour 342 PW Compaction Testing $135.00 Hour 343 PW Project Inspector-Overtime $155.00 Hour 344 PW Project Inspector-Doubletime $185.00 Hour 348 PW Travel-First Day Travel Only $350.00 Day 495 Vehicle/Equipment Use Fee-Not Dependent on Hours Worked $150.00 Day *4 hour minimum if work performed for 4 hours or less;8 hours minimum if work performed for 8 hours or less. 520 Moisture Content(ASTM C566,ASTM D2216,CTM 226) $30.00 Test 521 Plasticity Index(ASTM D4318,CTM 204) $100.00 Test 522 R-value(ASTM D2844,CTM 301) $275.00 Test 523 Total Sieve Analysis(ASTM C136,CTM 202) $125.00 Test 524 Sieve Analysis(Coarse Only)(ASTM C136) $65.00 Test 525 Sieve Analysis(Fine only)(ASTM C136,CTM 202) $85.00 Test 526 Total Sieve Analysis on ignition oven sample $100.00 Test 527 Specific Gravity(ASTM C97,CTM 206&224) $90.00 Test 528 Cleanness Value(CTM 227) $110.00 Test 529 Sand Equivalent(ASTM D2419,CTM 217) $110.00 Test 530 Durability Factor(ASTM D4886,CTM 229) $110.00 Test 531 Crushed Particles(CTM 205) $65.00 Test 532 Cement Treated Base(CTM 312) $285.00 Test 533 Specific Gravity(Coarse)(CTM 206,CTM 224,ASTM C127) $70.00 Test 534 Specific Gravity(Fine)(CTM 207,CTM 208,CTM 225,ASTM C128) $110.00 Test 535 Durability(Coarse)(CTM 229,ASTM D3744,ASTM D4886; $110.00 Test 536 Durability(Fine)(CTM 229,ASTM D3744,ASTM D4886) $110.00 Test 537 Asphalt Content by Nuclear Method(CTM 379) $135.00 Test 538 Calibration of Nuclear Asphalt Content Gauge(CTM 379) $350.00 Test 539 Treated Soil Design(CTM 301) $275.00 Test 540 Maximum Density Curve(ASTM D-1557,ASTM D-698,AASHTO T180) $275.00 Test Page 9 of 10 PEI, Inc.Agreement 2013 Pavement Maintenance Project—Phase 1 Exhibits 541 Maximum Density Check Point(ASTM D-1557,ASTM D-698,AASHTO T180) $85.00 Test 542 Soil or Aggregate Moisture Content(CTM 226,CTM 311, CTM 370,ASTM D2216,ASTM C566) $30.00 Test 543 Abrasion Resistance by Los Angeles Rattler(ASTM C131,CTM 211) $195.00 Test 544 Abrasion Resistance by Los Angeles Rattler, 1000 Revolutions(ASTM C538) $195.00 Test 545 Cal 216(Wet or Dry) $165.00 Test 546 Cal 216 Check Point(CTM 216F,CTM 216G) $90.00 Test 547 Plastic Limit(ASTM D4318,CTM 204) $55.00 Test 548 Liquid Limit(ASTM D4318, CTM 204) $55.00 Test 549 Weight per Cubic Foot,Loose(ASTM C29,CTM 212) $60.00 Test 550 Stability(CTM 366) $130.00 Test 551 Swell(CTM 305) $100.00 Test 552 Maximum Theoretical Unit Weight,Rice Gravity(ASTM D2041,CT 309) $125.00 Test 553 Unit Weight,Core Specimen(CTM 308) $55.00 Test 554 Asphalt Content(Ignition Method,CTM 382) $160.00 Test 555 AC Specimen Unit Weight-Paraffin Coated(CTM 308,ASTM D1188) $60.00 Test 556 AC Mix Design Review(CTM 303,CTM 304) $130.00 Test 557 Laboratory Compacted Unit Weight(CTM 304/308,ASTM D2726) $220.00 Test 558 Film Stripping(CTM 302) $75.00 Test 559 Crushed Particles per Bin Size(CTM 205) $170.00 Test 560 Flat&Elongated Particles(ASTM D4791) $170.00 Test 561 Extraction,Percent Bitumen&Sieve Analysis(ASTM 317 :,CTM 310,CTM 202) $175.00 Test 562 Mix Design $70.00 Test 563 Tensile Strength Ratio(AASHTO T283,CT 371) $900.00 Test 564 Test Strip $60.00 Test 565 Moisture Vapor Susceptibility(CTM 307) $150.00 Test 566 Burnoff Calibration(CT 382) $250.00 Test 570 AC Mix Test(CT 304/308/309) $525.00 Test 571 Test Strip Lab Work ## ## Test 572 HMA Production Startup $950.00 Test 573 Porous Pavement Mix Design $850.00 Test 574 Lab Compaction(CTM 308 B) $200.00 Test 580 Specific Gravity,Clay(ASTM D854,ASTM D422,CTM 209) $100.00 Test 582 Absorption,Sand or Gravel(ASTM C127,ASTM C128) $50.00 Test 584 CKE Coarse(CTM 303,ASTM 85148) $100.00 Test 585 CKE Fine(CTM 303,ASTM 85148) $100.00 Test 586 Organic Impurities in Fine Aggregates(AASHTO T21,ASTM C40) $100.00 Test 587 Clay Lumps and Friable Particles in Aggregates(AASHTO T112,ASTM C142) $100.00 Test 588 Fine Aggregate Angularity(AASHTO T304) $165.00 Test 590 Unconfined Compressive Strength of Compacted Soil-Lime(ASTM D5102) $65.00 Test Page 10 of 10 PEI, Inc. Agreement 2013 Pavement Maintenance Project-Phase 1 Exhibits PAVEM-1 OP ID:MF CERTIFICATE OF LIAE3ILITY INSURANCE DATE 08/23/2013 Y) 08!23/2013 PRODUCER Phone:707-782-9200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Don Ramatici Insurance,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 551 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Petaluma,CA 94953 Tony Rossottf ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Pavement Eng_Ineering,Inc. INSURER A:Amer.Casualty Co. Reading PA 20427 3820 Cypress-Drive Suite 3 -- Petaluma, CA 94954-5613 I INSURER B:Transportation Ins.Co. 20494 INSURER C:Natl Fire Ins. Co.of Hartford 20478 IIVSURER D' 114SURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X X COMMERCIAL GENERALLIABILITY TCP2095995132 07/01/2013 07/01/2014 PREMISES Eaoccurence $ 100,00 CLAIMS MADE 1K OCCUR MED EXP(Any one person) $ 66,00 X Contractual Liab 1,000,00 — PERSONAL&ADV INJURY $ — GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 B i X X ANY AUTO BUA2095995146 07101/2013 07/01/2014 (Ea accident) $ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (PER PERSON) i X HIRED AUTOS X NON-OWNED AUTOS BODILY INJURY(PER ACCIDENT) $ -- — PROPERTY DAMAGE $ (PER ACCIDENT) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 6,000,00 B X OCCUR 17 CLAIMS MADE C2095995163 07'01/2013 07/01/2014 AGGREGATE $ 5,000,00 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY ER C ANY PROPRIETORIPARTNER/EXECUTIVE YIN WC4015531144 0710112013 07/01/2014 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? OO 000 1 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 II es,describe under SPECIAL PROVISIONS below _ E.L.DISEASE-POLICY L 1,000 00 IMIT $ r OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE:Operations of the Named Insured for the Certificate Holder *10 days notice will be sent for non-payment of premium **its City Council,Boards and Commissions,officers,employees&volunteers Job:PEI PN 130168-2013 Pavement Maintenance Project Phase 1 30*G140331 C 10/10 CG2404 5/09 CA2048 2/99 923186B 12/10 CERTIFICATE HOLDER CANCELLATION CUPERTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE THEEXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN City of Cupertino'" Public Works NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Roger Lee-Assistant Director IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 10300 Torre Avenue REPRESENTATIVES. Cupertino„CA 95014-3255 AUTHORIZED REPRESENTATIVE ACORD 25(2009/01) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD G 140331 C 1010 Page 1 of 2 q � THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insurecl Persons Or Organizations (As required by "written contract'per Paragraph A. below.) Locations of Covered Operations (As per the"written contract,"provided the location is within the"coverage territory"of this Coverage Part.) A. Section II-Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract' to add as an additional insured on this Coverage Part; and 2. The particular person.or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for"bodily injury,""property damage,"or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the"written contract; or c. "Your work" that is specified in the "written contract' but only for "bodily injury" or"property damage" included in the"products-completed operations hazard,"and only if: (1) The"written contract' requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. We will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. Required by the"written contract; b. Described in B.I.above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract," this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying G 140331 C 1010 Page 2 of 2 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; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an"occurrence"or an offense which may result in a claim or"suit" under this Insurance, and of any claim or"suit'that does result; (2) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit; and (4) Tender the defense and indemnity of any claim or "suit' to any other insurer or self Insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured Is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a, of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non-contributory except when rendered excess by endorsement G- 140331-C, or when Paragraph b. below applies. D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The"bodily injury"or"property damage'; or b The offense that caused the"personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part. POLICY NUMBER: TCP2095995132 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown In the Schedule N above because of payments we make for Injury or g damage arising out of your ongoing operations or'your 8 work' done under a contract with that person or organization and Included in the 'products-completed operations hazard.' This waiver applies only to the person or organization shown in the Schedule above. s N 0 CG 24 04 06 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 1 POLICY NUMBER: BUA2095995146 COMMERCIAL AUTO CA 20 46 02 99 THIS ENDORSEMENT CHANGES THE: POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement Identifies person(s) or orgenization(s) who are 'Insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided In the Coverage Form. This endorsement changes the policy effective on the Inception date of the policy unless another date Is Indicated below. Endorsement Effective: 07/01/13 Co ,. .fir,... Named Insured: pavement Engineering, Inc. SCHEDULE Name of Person(s)or Organization(*): Any person or organization with whom you have agreed through written contract, agreement or permit, excused prior to the loss, to provide additional insured coverage. (If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to the endorsement.) Each person or organization shown In e " g the Schedule Is an Insured for Liability Coverage, but only to the extent that person or organization qualities as an 'Insured" under the Who Is An Insured Provision contained In Section II of the Coverage Form. s� r. a. in CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 CHA 9-23186-a (Ed. 12110) THIS ENDORSEMENT CHANGES THE (POLICY. PLEASE READ IT CAREFULLY, WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies Insurance provided under the following: SCHEDULE Name of Person or Organization: (If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement. We waive any right of recovery we may have against the damage must arise out of your activities under a contract person or organization shown in the Schedule because of with that person or organization.The waiver applies only to payments we make for the Injury or damage. This Injury or the person or organization shown In the Schedule. g� 8 s a� 9-23186-8 Page 1 of 1 (Ed. 12110) `1 PAVEM-1 OP ID: MF CERTIFICATE OF LIAE3ILITY INSURANCE DATE 08/23/2013Y) 08/23/2013 PRODUCER Phone:707-782-9200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Don Ramatici Insurance,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 551 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Petaluma,CA 94953 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tony Rossotti INSURERS AFFORDING COVERAGE NAIC# INSURED Pavement Engineering,Inc. INSURER A:Hiscox Insurance Company 3820 Cypress Drive Suite 3 Petaluma,CA 94954-5613 INSURER B: INSURER C: INSURER O: 1 VSURER E; COVERAGES 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,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. INSR ADD't POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ NTED DAMAGE TO RE COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence $ CLAIMS MADE [] OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ _ GENERAL AGGREGATE $ jGEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY JEC LOC AUTOMOBILE LIABILITY .-AUTOMOBILE SINGLE LIMIT $ _ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (PER PERSON) $ HIRED AUTOS BODILY INJURY $ NON-0 W N ED AUTOS (PER ACCIDENT) PROPERTY DAMAGE $ (PER ACCIDENT) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ I OCCUR lJ CLAIMS MADE AGGREGATE $ $ _ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION �W C STATU- OTH- AND EMPLOYERS'LIABILITY YIN I ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Professional Liab ANE111172413 Of1105/2013 08105/2014 Gen Agg 2,000,00 Claims Made 20,000 DED Each Occ 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE:Operations of the Named Insured for the Certificate Holder *10 days notice will be sent for non-payment of premium **its City Council,Boards and Commissions,officers,employees&volunteers Job:PEI PN 130168-2013 Pavement Maintenance Project Phase 1 30* CERTIFICATE HOLDER CANCELLATION CUPERTI SHOULDANY OF THEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ]ATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN City of Cupertino- NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Public Works Roger Lee-Assistant Director MPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 10300 Torre Avenue REPRESENTATIVES. Cupertino„CA 95014-3255 AUTHORIZED REPRESENTATIVE ACORD 25(2009/01) C 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD