Loading...
22-089 HNTB for Don Burnett Bicycle Footbridge InspectionPage 1 of 10 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 HNTB Corporation (“Contractor”), a California Corporation, for the Don Burnett Bicycle Footbridge Inspection, 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 December 31, 2022 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment t o 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. 3.4 Notwithstanding the foregoing, Contractor agrees to exercise diligence in the performance of its services consistent with the agreed upon project schedule, subject to the exercise of the standard of care set forth in section 5.3. If, through no fault, actions or decisions outside the reasonable control of Contractor, such periods of time or dates are changed, or the orderly and continuous progress of Contractor’s services is impaired, or Consultant’s services are delayed or suspended, then the time for completion of Contractor’s services, may be adjusted equitably. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $174,750.00 (“Contract Price”), 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 10 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. Invoices shall be due and payable within thirty (30) days upon receipt. If any invoice submitted by Contractor is disputed by City, only that portion so disputed may be withheld from payment at which time City shall reimburse Contractor for any undisputed outstanding amounts due with respect thereto. 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 10 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 detail s 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. If Contractor for any reason, does not complete the Services contemplated in this Agreement, then Contractor shall not be responsible for the accuracy, completeness, or workability of the deliverables prepared by Contractor if used, changed or completed by the City or by another party. Any use except for the specific purpose intended by this Agreement will be at the user’s sole risk and without liability or legal exposure to Contractor. 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. Page 4 of 10 Professional/Consulting Contracts /Version: October 2021 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 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 or active negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend, and hold harmless the City as follows: 11.2 Indemnity for Design Professional Liability: With respect to the performance of design professional services by a design professional as defined in California Civil Code Section 2782.8, to the fullest extent permitted by law, Consultant shall indemnify and hold harmless City, its officers, officials, agents, employees, and volunteers (collectively and/or individually “City”) from and against any and all liabilities, claims, damages, losses, costs, or expenses (inclu ding, without limitation, costs, attorneys’ fees, and expert fees of litigation and alternative dispute resolution) of every nature to the extent arising out of, pertaining to, or relating to the negligence, Page 5 of 10 Professional/Consulting Contracts /Version: October 2021 recklessness, or willful misconduct of Consultant or any of its officers, employees, servants, agents, or subcontractors (collectively and/or individually “Consultant”), in the performance of this Agreement or failure to comply with any obligations of the Agreement. If it is finally determined (through a non-appealable judgment or an agreement between City and Consultant) that liability is caused by the comparative negligence or willful misconduct of City, then Consultant’s indemnification and hold harmless obligation shall not exceed Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant. 11.3 Irrespective of any language to the contrary in this Agreement, the Consultant has no duty to provide or to immediately pay for an up-front defense of City against unproven claims or allegations, but shall reimburse those litigation costs and expenses (including, without limitation, attorneys’ fees, and expert fees) incurred by the City to the extent caused by the negligence, recklessness, or willful misconduct of Consultant. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportional percentage of fault, except as described in Section 2782.8(a) and (e) of the California Civil Code. 11.4 Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any claim involving intellectual property, infringement, or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights, which arises out of, pertains to, or relates to Consultant’s negligence, recklessness, or willful misconduct. Such costs and expenses will include reasonable attorney fees for legal counsel of City’s choice, expert fees, and all other costs and fees of litigation. 11.5 Claims for Other Liability. Except as provided in subsections 11.1(a) and (b), to the fullest extent permitted by law, Consultant shall hold harmless, defend (with counsel agreed to by City), and indemnify City and its officers, officials, agents, employees, and volunteers (collectively and/or individually “City”) from and against any and all liability, claim, loss, damage, expense, costs (including, without limitation, costs, attorneys’ fees, and expert fees of litigation) of every nature arising out of, related to, or in connection with the performance of work hereunder by Consultant or any of its officers, employees, servants, agents, or subcontractors, or the failure of the same to comply with any of the obligations contained in this Agreement, except such loss or damage which was caused by the sole negligence or sole willful misconduct of the City. 11.6 Consultant’s duty to defend applies immediately, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend as stated herein. 11.7 Consultant will assist City, at no additional cost, in the defense of any clai m, dispute, or lawsuit arising out of this Agreement. Consultant’s duties herein are not limited to or subject to the Contract Price, to Workers’ Compensation claims, or to the Insurance or Bond limits and provisions. Nothing in this Agreement shall be construed to give rise to an implied right of indemnity in favor of Consultant against any Indemnitee. Page 6 of 10 Professional/Consulting Contracts /Version: October 2021 11.8 Consultant agrees to pay the reasonable costs City may incur in enforcing this provision related to Consultant’s indemnification duties, including reasonable attorney fees, fees for legal counsel acceptable to City, expert fees, and all other costs and expenses related to a claim or counterclaim, a purchase order, another transaction, litigation, or dispute resolution. Without waiving any rights, City may deduct money from Consultant’s payments to cover moneys due to City. 11.9 Consultant 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 Consultant 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. 11.10 This Section 11 shall survive expiration or termination of this 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 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. Page 7 of 10 Professional/Consulting Contracts /Version: October 2021 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 Jimmy Tan 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, Contract assigns Timothy Watterson 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 undisputed 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. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for 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 Page 8 of 10 Professional/Consulting Contracts /Version: October 2021 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 In the event of any legal action (including arbitration) to enforce or interpret this Agreement, the non-prevailing Party shall pay the reasonable attorneys’ fees and other costs and expenses (including expert witness fees) of the prevailing Party in such amount as may be determined by a court. In addition, such non-prevailing Party shall pay reasonable attorneys’ fees incurred by the prevailing Party in enforcing, or on appeal from, a judgment in favor of the prevailing Party unless such judgement is reversed. The preceding sentence is intended by the Parties to be severable from the other provisions of this Agreement and to survive and not be merged into such judgment. 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 o r 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. 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. Page 9 of 10 Professional/Consulting Contracts /Version: October 2021 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: 10555 Mary Avenue Cupertino, CA 95014 Attention: Jimmy Tan, P.E. Email: jimmyt@cupertino.org To Contractor: HNTB Corporation 1111 Broadway Oakland, CA 94607 Attention: Jeff Watson Email: jwatson@hntb.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. [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] Page 10 of 10 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 Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk DATE: Jeff Watson Vice President Jul 5, 2022 Christopher D. Jensen Chad Mosley Acting Director of Public Works Jul 7, 2022 Jul 7, 2022 HNTB Corporation Cupertino-MaryAve-BridgeInspectionandSurvey-Scope-Jan2022_22607.docx Page 1 of 5 Printed 6/7/2022 INSPECTION SERVICES SCOPE/HOURLY ESTIMATE For The DON BURNETT BICYCLE FOOTBRIDGE SCOPE OF SERVICES: The following scope of services and hourly estimate is provided for inspection services to complete the project: A.Routine Inspection, Bridge Survey and Report of Initial Findings B.Development of Traffic Control Plans and Caltrans Encroachment C.Periodic Bridge Inspection, NDT Inspection of Select Cables, and Final Report D.Engineering Support for Corrective Measures BRIDGE BI-ANNUAL INSPECTION AND SURVEY, AND PERIODIC INSPECTION WITH NDT INSPECTION OF SELECT CABLES A.TASK 1 - BRIDGE ROUTINE INSPECTION, SURVEY, AND REPORT OF INITIAL FINDINGS Task 1.a – Routine Bridge Inspection HNTB will initially conduct a Routine Bridge Inspection of the bridge to primarily check for damage and wear to the structure, including deformations and incipient cracks. The inspection follows Section 9 of HNTB’s, Manual for Inspection and Maintenance of the Mary Avenue Bicycle Footbridge (Inspection Manual) dated 17 July 2009, and shall include the following elements: 1. Substructure - This consists of above-grade portions of foundations, footings, pedestals, and end piers (abutments). 2. Superstructure - This consists of concrete deck panels and closure pours, edge girders, floorbeams, leaf bearings (tie-downs), shear keys, pintels, and threaded rod connections between tower struts and floorbeams. 3. Tower - This consists of the tower legs extending above and below the roadway level. 4. Cable-Stay System - This consists of cable stays, sockets, and anchorages. 5. Roadway Features - This consists of the pedestrian railing, deck joint compression seal assemblies, and the roadway drainage system. 6. Non-Structural Features - This consists of lighting systems and utilities. The elements listed above will be inspected either by visual or hands-on methods: The visual method will be conducted from either on the bridge within Caltrans Right-of-Way or under the bridge within the City Right-of-Way using visual aids (such as binoculars, etc) from the ground and will not include equipment or tools to provide a different visual observation platform. The elements that are not able to be inspected visually will be noted in the report. The hands-on method will be conducted from either on the bridge within Caltrans Right-of-Way or under the bridge within the City Right-of-Way that are accessible from the ground and will not include equipment or tools to provide a different platform from which to have hands-on access. The elements that are not able to be inspected by hands-on access will be noted in the report. HNTB Corporation Cupertino-MaryAve-BridgeInspectionandSurvey-Scope-Jan2022_22607.docx Page 2 of 5 Printed 6/7/2022 The table below summarizes the different elements with items associated with each element and type of inspection method to be used:         Routine Inspection Checklist Bridge Element Item Method of Inspection Substructure Footings Visual Tower Pedestals Visual Tower Legs Visual Tower Struts Visual Tower Base Plates Visual Tower Cable Anchorage Plates Visual Tower End Piers (Abutments) Hands-on Superstructure Deck Slab Top (Hands-on), Bottom (Visual) Floorbeams Visual Leaf Bearings (Tie-Downs) Hands-on Edge Girders Visual Cable-Stay System Visual, Hands-on at abutments Shear Keys Hands-on Pintels Visual Threaded Rod Connections Visual Deck Deck Walking Surface Hands-on Approach Slabs Hands-on Elastomeric Bearing Pads (at shear keys) Hands-on Expansion Joint Assemblies Hands-on Pedestrian Railing Hands-on Drainage System Hands-on Measurements Expansion Joint Openings Hands-on Position of pins at leaf bearings Hands-on Task 1.b - Bridge Survey HNTB will conduct (with support from Kelley Engineering and Surveying) a survey of the bridge to establish an update on the performance of the bridge based on the Operations and Maintenance Manual (Chapter 9.8) for the bridge. The update will be compared to the baseline survey previously performed. The survey will include the following: a. Elevation and location of the towers and piers. A single point on each tower will be selected as the monitoring/surveyed point for the tower. b. Elevation (the profile grade of the deck) along the gutter lines and adjacent to each cable stay. c. Measurement of expansion joint openings. A 1-hour pre-meeting for the bridge survey to confirm the elements of the survey will be conducted on the day of the bridge survey. HNTB Corporation Cupertino-MaryAve-BridgeInspectionandSurvey-Scope-Jan2022_22607.docx Page 3 of 5 Printed 6/7/2022 The scope of work and fee estimate by Kelley Engineering and Surveying is included in this task. Task 1.c – Report of Initial Findings and Recommendations for Periodic Inspection The forms included in the Operations and Maintenance Manual will be used in the preparation of a Bridge Inspection Report. The Bridge Inspection Report will be in memo form to provide the results of the findings of the bridge inspection. The results of the bridge survey described above will be included in the memo report. HNTB's corrective measures shall be consolidated and summarized at the beginning of the report. Pending the results of the routine bridge inspection and the bridge survey, HNTB will also prepare recommendations for the Periodic Inspection, and evaluate the extent of the required Non-Destructive Testing (NDT) on selected cables to review the cable corrosion protection system, Outlined in Task 3 below. At a minimum though, it is recommended to preform NDT on 1/2 to 2/3 of the cables in the back span of the bridge, which would likely reduce the need for Task 2 outlined below, and allow for additional hands on inspection of certain tower elements. B. TASK 2 (OPTIONAL) - DEVELOPMENT OF TRAFFIC CONTROL PLANS AND CALTRANS ENCROACHMENT Task 2 - Development of Traffic Control Plans and Caltrans Encroachment Based on the results of the routine inspection, as noted in Task 1.c, a workplan will be developed to define and complete the traffic control design, reducing the required number of lane closures and acquire permits necessary to complete the Periodic Bridge inspection as required per bridge inspection manual. The traffic control plan and detouring plan(s) will be developed, and HNTB civil team will actively participate in a workshop with Caltrans to obtain the encroachment permit. Additionally, civil engineers will coordinate with other involved local agencies and stakeholders such as the City of Cupertino, City of Sunnyvale, COZEEP, traffic control subcontractor, and SCVWD to get the required permits for traffic control and implementing the detour plans. As noted in Task 1.c, pending the results of in routine bridge inspection, and due to the relatively young age of the bridge structure and based upon HNTB’s past routine inspections, it is likely that some of the proposed budget will be pushed to Task 3 below to allow for additional hands-on inspection of certain tower elements. Although it is not anticipated, but if upon the completion of Task 2 it is determined that the remaining budget will exceed the fixed fee cost, HNTB will immediately notify and work with the City to serve as the owner’s engineer and develop a strategy to develop RFP documents, prepare require traffic control and encroachment permits for the City to pursue advertising the project to complete the additional NDT Inspection and Final Report as outlined in Task 3, review qualified bidders, interpret results, provide recommendations, and an coordinate any updates to the inspection program and schedule, if required. HNTB Corporation Cupertino-MaryAve-BridgeInspectionandSurvey-Scope-Jan2022_22607.docx Page 4 of 5 Printed 6/7/2022 C. TASK 3 - PERIODIC BRIDGE SURVEY, NDT INSPECTION OF SELECT CABLES, AND FINAL REPORT Task 3 - Periodic Bridge Survey, NDT Inspection of Select Cables, and Final Report Periodic Inspections are intended to be performed every ten years and include all aspects of Routine Inspections, plus a bridge survey and inspection of cable corrosion protection system on select cables, and other requirements as outlined in Section 9 of the Inspection Manual. As determined by the Routine Bridge Inspection, additional inspection tasks may be performed to provide further detailed inspections of bridge elements, including the soffit of deck at main span, elevated anchorages, and top of towers and cables. As outlined in Task 1.c it is recommended that inspection of the cable corrosion protection system on 1/3 to 1/2 of the cables in the back span of the bridge along with Ultrasonic Testing (UT) (with support from CAN USA) will be utilized for detecting the potential corrosion at anchorages, as locked coil cables can hide corrosion inside which may not be apparent from the outside. In addition, displacement sensors will be installed at tie down devices (at abutments) to monitor the longitudinal displacement of the bridge under various force effects. The client will be notified for future required instrumentation upon observing a specific issue related to the local or global behavior of the structure. Either the use of a drone or 60-foot telescopic boom will be utilized in some of the tasks outlined above to inspect elevated parts, and for condition assessment and health monitoring of the bridge system. The intent for using the drone is to reduce the cost for the City and avoid high-cost inspection where possible while still fulfilling the intent of a Periodic Inspection. Element to be Inspected Element Within Caltrans R/W Encroachment Permit Required (Y/N)? Traffic Control Required (per Encroachment Permit) (Y/N)? Abutments No No No Towers Yes No while on bridge and within limits of bridge railing. Yes, if on ground. No (unless over traveled lanes or shoulders) Superstructure and Cables (back spans) No No No Superstructure (main span) Yes Yes Yes Refer to Figure 3.1-1 General Plan and Elevation from the Bridge Operations and Maintenance Manual for elements and limits of Caltrans R/W. After conducting the HNTB’s specific quality control and assurance procedure, the final inspection report which will contain the collected data, observations, post processed instrumentation data, conclusion and recommendations, and an updated inspection program and schedule will be provided, if required, to the City. HNTB Corporation Cupertino-MaryAve-BridgeInspectionandSurvey-Scope-Jan2022_22607.docx Page 5 of 5 Printed 6/7/2022 D. TASK 4 - ENGINEERING SUPPORT FOR CORRECTIVE MEASURES IDENTIFIED DURING BI-ANNUAL BRIDGE INSPECTION Task 4 - Engineering Support for Corrective Measures Identified During Bi-annual Bridge Inspection Assuming there are additional measures recommended in Task 1 & 3 above, HNTB will provide engineered support for the corrective measures identified in the bi-annual bridge inspection report and evaluating and approving that corrective measures completed by the City of City’s Contractor are acceptable. SCHEDULE The schedule for the project is anticipated to be as follows:  Bridge Survey – NTP plus 4-8 weeks  Bi-annual Bridge Inspection – NTP plus 4-8 weeks  Initial Bridge Inspection Report – 2 weeks after completion of the Bridge Inspection and Bridge Survey  Development of Traffic Control Plans, Caltrans Encroachment Permits, and Caltrans Workshops – 4-8 weeks after completion of Initial Bridge Inspection Report.  NDT Inspection of Select Cables and Final Report – 4 weeks after approval of Traffic Control Plans and Caltrans Encroachment Permits  Engineering Support for Corrective Measures Identified During Bi-annual Bridge Inspection, NDT Inspection of Select Cables, and Final Report – per City schedule but assumed to be performed by October 31, 2022 COMPENSATION HNTB will be compensated on a time and materials (not-to-exceed) basis for these Tasks. The attached breakdown of hours and tasks is approximate and assumed to be sufficient to establish the not-to-exceed cumulative amount for the Tasks as described above. It is assumed the hour breakdown between Tasks may need to be modified as the work is performed and completed. For Don Burnett Bicycle Footbridge Job No.72754 Sheet No. Made by TJW Checked by JWL Backchecked by Date 6/7/2022 Date Date DESIGN SERVICES SCOPE/HOURLY ESTIMATE for the DON BURNETT BICYCLE FOOTBRIDGE, Bridge No. 37-662 City of Cupertino, California BRIDGE PIN REPAIR, BRIDGE INSPECTION AND SURVEY Ofc 237 237 051 237 237 237 237 237 237 Summary Hours / Fee Task 1 - Background, Routine Inspection, Bridge Survey and Initial Findings hrs 4 72 72 2 2 152 rate $390 $195 $170 $135 $250 $150 $135 $175 $120 cost $1,560 $14,040 $9,720 $350 $240 $25,910 $150 $5,000 $31,060 Task 2 (OPTIONAL) - Development of Traffic Control Plans for NB & SB Closures, Encroachment Permits, Caltrans Workshops hrs 3 18 8 8 80 112 112 2 2 345 rate $390 $195 $170 $135 $250 $150 $135 $175 $120 cost $1,170 $3,510 $1,360 $1,080 $20,000 $16,800 $15,120 $350 $240 $59,630 $180 $13,780 $73,590 Task 3 - NDT Inspection of Select Cables, Final Report and Recommendations hrs 4807490 4 2 254 rate $390 $195 $170 $135 $250 $150 $135 $175 $120 cost $1,560 $15,600 $12,580 $12,150 $700 $240 $42,830 $3,100 $16,500 $62,430 Task 4 - Engineering Support for Corrective Measures identified bi-annual bridge inspection hrs 216 420 244 rate $390 $195 $170 $135 $250 $150 $135 $175 $120 cost $780 $3,120 $680 $2,700 $240 $7,520 $150 $7,670 Total Fee hrs 13 186 86 190 80 112 112 8 8 795 cost $5,070 $36,270 $14,620 $25,650 $20,000 $16,800 $15,120 $1,400 $960 $135,890 $3,580 $35,280 $174,750 Total Bridge Inspection, Traffic Control and Survey 5070 38220 14720 26000 19200 16200 14400 1400 810 136020 3450 35280 NOTES:174750 1. Task 1 - Bridge Survey support by Kelley Engineering and Surveying 2. Task 2 - Includes Expenses for anticipated Encroachment Permits and COZEEP and will be refined pending findings/results of Task 1, excluding traffic control contractor 3. Task 3 - NDT Inspection of Selected Cables support by CAN USA $174,750 Project Manager Sr. Structural Engineer Project Engineer - Structural Civil Engineer Junior Structural Engineer Junior Civil Engineer Accounting/ Finance Sr. Civil Engineer HNTB LaborProject Quality Manager Total Task Cost Subconsul tant Support HNTB ODCs Cupertino-MaryAve-BridgeInspectionandSurvey-Fee-Jan2022_220607.xlsx Page 1 of 1 Printed 6/7/2022 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. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 kctsu@lockton.com HNTB CORPORATION 715 KIRK DRIVE KANSAS CITY MO 64105 MAIN Zurich American Insurance Company 16535 X X 2,000,000 1,000,000 10,000 2,000,000 4,000,000 4,000,000 X 2,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX N X 1,000,000 1,000,000 1,000,000 A BAP 0769452 1/1/2022 1/1/2023 A GLO 0769451 1/1/2022 1/1/2023 A WC 0769453 1/1/2022 1/1/2023 NOT APPLICABLE 1/1/2023 1489174 Y Y Y Y Y 6/3/2022 18593954 18593954 XXXXXXX CITY OF CUPERTINO 10300 TORRE AVE CUPERTINO CA 95014-3202 RE: HNTB JOB #81738. THE CITY OF CUPERTINO, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, SERVANTS, AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AND THESE COVERAGES ARE PRIMARY AND NON- CONTRIBUTORY, IF REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION/EMPLOYER’S LIABILITY WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT. X X See Attachments POLICY NUMBER: GLO 0769451 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s)Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION. WHOM YOU ARE REQUESTED TO ADD AS AN ADDITIONAL INSURED UNDER THIS CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS ANY LOCATION OR PROJECT, OTHER THAN A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM LOCATION OR PROJECT FOR WHICH INSURANCE IS OTHERWISE SEPERATELY PROVIDED TO YOU BY A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. 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. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Attachment Code: D588198 Certificate ID: 18593954 POLICY NUMBER: GLO 0769451 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON, OR ORGANIZATION WHOM YOU ARE REQUIRED TO ADD AS AN ADDITIONAL INSURED UNDER THIS POLICY UNDER A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS Location And Description Of Completed Operations ANY LOCATION OR PROJECT, OTHER THAN A WRAP-UP OR OTHER CONSOLIDATED INSURANCE PROGRAM LOCATION OR PROJECT FOR WHICH INSURANCE IS OTHERWISE SEPERATLEY PROVIDED TO YOU BY A WRAP-UP OR OTHER CONSALIDATED PROGRAM. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 Attachment Code: D588198 Certificate ID: 18593954 POLICY NUMBER: BAP 0769452 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are “insureds” for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HNTB CORPORATION Endorsement Effective Date: 1/1/2022 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an “insured” for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an “insured” under the Who Is An Insured provision contained in Paragraph A.1. of Section II – Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I – Covered Autos Coverages of the Auto Dealers Coverage Form. CG 20 48 10 13 © Insurance Services Office, Inc., 2018 Page 1 of 1 Attachment Code: D588219 Certificate ID: 18593954 Other Insurance Amendment – Primary And Non-Contributory Policy No.Eff. Date of Pol.Exp. Date of Pol.Eff. Date of End.Producer No.Add’l. Prem Return Prem. GLO 0769451 1/1/2022 1/1/2023 1/1/2022 83992000 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: HNTB Corporation Address (including ZIP Code): 715 Kirk Dr Kansas City, MO 64105 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a.The additional insured is a Named Insured under such other insurance; and b.You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV – Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1327-B CW (04/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attachment Code: D588384 Certificate ID: 18593954 Blanket Notification to Others of Cancellation or Non-Renewalo Policy No.Endorsement Eff. Date of Pol.Exp. Date of Pol. GLO 0769451 1/1/2022 1/1/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1.Must be provided to us prior to cancellation or non-renewal; 2.Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3.Must be in an electronic format that is acceptable to us. B. Our notificationl as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1.Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2.At least 30 days prior to the effective date of: a.Cancellation, if cancelled for any reason other than nonpayment of premium; or b.Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1.Extend the Coverage Part cancellation or non-renewal date; 2.Negate the cancellation or non-renewal; or 3.Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1521-A CW (10/12) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attachment Code: D588365 Certificate ID: 18593954 Blanket Notification to Others of Cancellation or Non-Renewal Policy No.Endorsement Eff. Date of Pol.Exp. Date of Pol. BAP 0769452 1/1/2022 1/1/2023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1.Must be provided to us prior to cancellation or non-renewal; 2.Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3.Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1.Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2.At least 30 days prior to the effective date of: a.Cancellation, if cancelled for any reason other than nonpayment of premium; or b.Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1.Extend the Coverage Part cancellation or non-renewal date; 2.Negate the cancellation or non-renewal; or 3.Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW (01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Attachment Code: D588367 Certificate ID: 18593954 WC 0769453 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a.Must be provided to us prior to cancellation or non-renewal; b.Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c.Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a.Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b.At least 30 days prior to the effective date of: (1)Cancellation, if cancelled for any reason other than nonpayment of premium; or (2)Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b.Negate the cancellation or non-renewal; or c.Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement effective date: 1/1/2022 Policy # WC 0769453 Effective date: 1/1/2022 Expiration date: 1/1/2023 WC 99 06 43 (Ed.01-13) Page 1 of 1 Attachment Code: D588370 Certificate ID: 18593954 POLICY NUMBER: GLO 0769451 COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF RECOVERY, IN A WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED THAT IS EXECUTED PRIOR TO THE ACCIDENT OR 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 against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 5 Attachment Code: D588371 Certificate ID: 18593954 POLICY NUMBER: BAP 0769452 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HNTB CORPORATION Endorsement Effective Date: 01/01/2022 SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the “accident” or the “loss” under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Attachment Code: D588373 Certificate ID: 18593954 WC 0769453 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION WC 00 03 13 (Ed. 4-84)  1983 National Council on Compensation Insurance. Attachment Code: D588375 Certificate ID: 18593954 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 kctsu@lockton.com HNTB CORPORATION 715 KIRK DRIVE KANSAS CITY MO 64105 MAIN Lexington Insurance Company 19437 XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX PROFESSIONAL LIABILITY $2,000,000 PER CLAIM/ ANNUAL AGGREGATE A 061853762 5/1/2022 5/1/2023 NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE 5/1/2023 1445095 6/3/2022 N Y 18593968 18593968 XXXXXXX CITY OF CUPERTINO 10300 TORRE AVE CUPERTINO CA 95014-3202 RE: HNTB JOB #81738. WAIVER OF SUBROGATION APPLIES TO PROFESSIONAL LIABILITY WHERE ALLOWED BY STATE LAW AND IF REQUIRED BY WRITTEN CONTRACT. RETRO DATE = FULL PRIOR ACTS. X X See Attachments Forms a part of policy no.: 061853762 Issued to: HNTB HOLDINGS LTD and as more fully detailed herein By: LEXINGTON INSURANCE COMPANY ENDORSEMENT #14 ADVICE OF CANCELLATION TO ENTITIES OTHER THAN THE NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided by the policy: SCHEDULE Name of Certificate Holder(s) and Address: WHERE PURSUANT TO A CONTRACT OR WRITTEN AGREEMENT THE INSURED HAS AGREED BY NATURE OF SUCH CONTRACT OR 'WRITTEN AGREEMENT WHERE THE INSURED HAS PROVIDED THE INSURERS WITH THE NAMES AND ADDRESS OF SUCH CERTIFICATE HOLDERS A.If the Insurer cancels this policy, prior written notice of cancellation shall be given to the Certificate Holder(s) shown in the above Schedule (hereinafter, "Certificate Holder(s)") as follows: 1.a ten (10) day prior written notice of cancellation shall be given for nonpayment of premium; 2.a sixty (60) day prior written notice of cancellation shall be given for any reason other than cancellation for non-payment of premium, 3.a sixty (60) day prior written notice of shall be given for non-renewal of this policy. B.The Insurer shall provide sixty (60) days prior written notice of a Material Change during the policy period to the Certificate Holder(s). Other than the right to receive notice of cancellation or a notice of a material change as set forth herein, this endorsement confers no rights under this policy to the Certificate Holder(s) including, but not limited to, additional insured status or additional Named Insured status. The following definitions apply to this endorsement: 1.Insurer means Underwriters at Lexington Insurance Company 2.Material Change means the addition of an endorsement(s) to the policy after the policy inception date which: a.Reduces the Limits of Insurance/Liability; or b.Adds an Exclusion(s) to the policy. Attachment Code: D553197 Certificate ID: 18593968 POLICY NO.: 061853762 INSURED: HNTB HOLDINGS LTD BY: LEXINGTON INSURANCE COMPANY D.SUBROGATION In the event of any payment under this policy, the Insurers shall be subrogated to all the Insured's rights of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after an incident reasonably likely to give rise to a Claim to prejudice such rights. However, the Insurers agree to waive this right of subrogation against any person or entity to the extent that the Insured had, prior to a Claim, a written agreement to waive such rights. Miscellaneous Attachment: M562655 Certificate ID: 18593968 HNTB for Don Burnett Bicycle Footbridge Inspection Final Audit Report 2022-07-07 Created:2022-06-22 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAUo6bOU3jN2QmjN8e3PIshqy3eS-vy_BW "HNTB for Don Burnett Bicycle Footbridge Inspection" History Document created by City of Cupertino (webmaster@cupertino.org) 2022-06-22 - 0:35:40 AM GMT- IP address: 35.229.54.2 Document emailed to Julia Kinst (juliak@cupertino.org) for approval 2022-06-22 - 0:37:43 AM GMT Document approved by Julia Kinst (juliak@cupertino.org) Approval Date: 2022-06-22 - 0:40:21 AM GMT - Time Source: server- IP address: 216.198.111.214 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2022-06-22 - 0:40:23 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2022-06-22 - 0:48:58 AM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to jwatson@hntb.com for signature 2022-06-22 - 0:49:00 AM GMT City of Cupertino (webmaster@cupertino.org) replaced signer jwatson@hntb.com with Jeff Watson (rjwatson@hntb.com) 2022-07-05 - 9:25:52 PM GMT- IP address: 216.198.111.214 Document emailed to Jeff Watson (rjwatson@hntb.com) for signature 2022-07-05 - 9:25:53 PM GMT Email viewed by Jeff Watson (rjwatson@hntb.com) 2022-07-05 - 10:13:18 PM GMT- IP address: 144.223.19.78 Document e-signed by Jeff Watson (rjwatson@hntb.com) Signature Date: 2022-07-05 - 11:08:13 PM GMT - Time Source: server- IP address: 144.223.242.198 Document emailed to christopherj@cupertino.org for signature 2022-07-05 - 11:08:14 PM GMT Email viewed by christopherj@cupertino.org 2022-07-05 - 11:10:05 PM GMT- IP address: 104.28.124.98 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2022-07-05 - 11:15:35 PM GMT - Time Source: server- IP address: 174.194.207.249 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2022-07-05 - 11:15:38 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2022-07-05 - 11:21:17 PM GMT- IP address: 104.47.73.254 Email viewed by Chad Mosley (chadm@cupertino.org) 2022-07-07 - 4:55:29 PM GMT- IP address: 104.47.74.126 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2022-07-07 - 4:56:03 PM GMT - Time Source: server- IP address: 67.164.60.110 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2022-07-07 - 4:56:06 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2022-07-07 - 5:26:26 PM GMT- IP address: 104.28.124.106 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2022-07-07 - 5:26:43 PM GMT - Time Source: server- IP address: 104.28.124.180 Agreement completed. 2022-07-07 - 5:26:43 PM GMT