HomeMy WebLinkAboutReso 41-2021 (21-94)City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 41-2021
File Number: 21-94 Enactment Number: RES 41-2021
A RESOLUTION AMENDING AN EXISTING
CONSULTING SERVICES AGREEMENT WITH
CONSTRUCTION TESTING SERVICES INC. FOR
SPECIAL INSPECTION AND MATERIALS TESTING
SERVICES ON THE CIVIC CAMPUS PHASE 1:
POLICE OPERATIONS & 911 DISPATCH CENTER
PROJECT IN AN AMOUNT NOT TO EXCEED
$30,023.85.
WHEREAS, on February 28, 2020, the City awarded a Consulting Services Agreement to
Construction Testing Services, Inc. of San Francisco, California ("Consultant") for special inspection
and materials testing services needed on the Civic Campus Phase 1: Police Operations & 911 Dispatch
Center ("Police Station") project in the Not -to -Exceed amount of $149,908.25; and
WHEREAS, Construction Testing Services, Inc. has performed satisfactorily on the Police
Station project and has provided deliverables and services as outlined in Agreement; and
WHEREAS, Consultant will provide services on a Time and Materials basis with only billing
for services rendered; and
WHEREAS, Consultant will provide necessary inspection services required to fulfill City of
South San Francisco Building permit requirements and those of authorities having jurisdiction; and
WHEREAS, funding for the Project is included in the City of South San Francisco Capital
Improvements Program ("CIP") and sufficient funds are available to cover the amendment cost; and
WHEREAS, amendment amount is within the Civic Campus Phase 1 project budget presented
to City Council on January 8, 2020 totaling a project total amount of $56,857,615.00
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San
Francisco that the City Council hereby authorizes the First Amendment of the existing consulting
services agreement with Construction Testing and Services, Inc. of San Francisco, California in an
amount not to exceed $30,023.85 and authorizing a total not to exceed contract amount of $179,982.10.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement
amendments and any other related on behalf of the City upon timely submission of Construction Testing
Services, Inc. signed contract amendment and all other required documents, subject to approval as to
form by the City Attorney.
City of South San Francisco Page 1
File Number- 21-94 Enactment Number. RES 41-2021
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco
authorizes the Finance Department to establish the Project Budget consistent with the information
contained in the staff report.
At a meeting of the City Council on 2/24/2021, a motion was made by Vice Mayor Nagales,
seconded by Councilmember Nicolas, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember
Coleman, and Councilmember Flores
Attest by
fog : Rosa ea Acosta, City Clerk
City of South San Francisco Page 2
FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CONSTRUCTION
TESTING SERVICES, INC.
This First Amendment to the Consulting Services agreement is made at South San Francisco,
California, as of February 25, 2021 by and between the City of South San Francisco (“City”), a
municipal corporation, and Construction Testing Services, Inc. (“Consultant”), (sometimes
referred together as the (“Parties”) who agree as follows:
RECITALS
A.On February 28, 2020, City and Consultant entered that certain Consulting Services Agreement
(“Agreement”) whereby Consultant agreed to provide Special Inspections and Materials Testing
Services on the Police Operations & 911 Dispatch Center project. A true and correct copy of the
Agreement and its exhibits is attached as Exhibit A.
B.City and Consultant now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, City and Consultant
hereby agree as follows:
1.All terms which are defined in the Agreement shall have the same meaning when used in this
Amendment, unless specifically provided herein to the contrary.
2.Section 2: Compensation. Section 2 of the Agreement shall be amended by the amount of
$30,023.85 such that the City agrees to pay Consultant a sum not to exceed totaling $172,908.25,
with the understanding that up to $142,155.25 has already been paid to Consultant as of
December 31, 2020.
Description Date Amount
Original Agreement 2/28/2020 $ 149,908.25
1st Amendment $ 30,023.85
TOTAL: $ 179,932.10
Consultant agrees that this is the City’s total contribution for payment of costs under the
Agreement unless additional payments are authorized in accordance with the terms of the
Agreement and said terms of payment are mutually agreed to by and between the parties in
writing.
3.Scope of Services. The Scope of services as identified in Agreement remain unchanged as part
of this Amendment.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If there
is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement
will control unless specifically modified by this Amendment.
[SIGNATURES ON THE FOLLOWING PAGE]
EXHIBIT A
Page 1 of 44
Dated:
CITY OF SOUTH SAN FRANCISCO CONSTRUCTION TESTING
SERVICES, INC.
By: By:
Mike Futrell
City Manager
Approved as to Form:
By:
City Attorney
Attested:
By:
City Clerk
EXHIBIT A
Page 2 of 44
• TESTING
• INSPECTION
• ENGINEERING
4770 Duckhorn Drive, Sacramento, CA 95834 • Phone (916) 419-4747 • Fax (916) 419-4774
2118 Rheem Drive, Pleasanton, CA 94588 • Phone (925) 462-5151 • Fax (925) 462-5183
One Embarcadero Center, Suite 535, San Francisco, CA 94111 • Phone (415) 438-2357 • Fax (415) 334-4747
246 30th St., Suite 101, Oakland, CA 94601 • Phone (510) 444-4747 • Fax (510) 835-1825
CONSTRUCTION
TESTING SERVICES
February 9, 2021
Kitchell
900 Antoinette Lane
South San Francisco, CA 94080 Attn: Michael Ransom Job Name: 16901 Police Operations & 911 Dispatch Center
Re: Change Order Request #1 for Special Inspections & Materials Testing
Dear Michael,
Construction Testing Services is requesting a Change Order to cover all additional services performed to
date as well as to completion of the project. Additional services include but are not limited to, masonry
inspections, fireproofing inspections, additional laboratory testing, and additional project
management/administration time. Below is a breakdown of the Original Contract amount, total billings
through December 31, 2020 and anticipated costs to complete the project based on correspondence with
Kitchell.
Original Contract Amount $ 149,908.25
Total Services Billed through December 2020 $ 142,155.25
Contract Remining through December 2020 $ 7,753.00
Estimated January 2021 Billing $ 16,027.85
Estimated Cost to Complete (April. 2021) $ 21,749.00
Total Change Order Request $ 30,023.85
Please provide your approval for a Change Order in the amount of $30,023.85. Feel free to contact me
with any questions you may have or if further detail and clarification is needed to process this request.
Regards,
John Lange
Project Manager
EXHIBIT A
Page 3 of 44
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
CONSTRUCTION TESTING SERVICES, INC.
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco ("City") and Construction Testing Services, Inc. ("Consultant") (together sometimes referred to
as the "Parties") as of February 28, 2020 (the "Effective Date").
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached hereto and incorporated herein
as Exhibit A, at the time and place and in the manner specified therein. In the event of a conflict in or
inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on December 31, 2021, the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A on or before that date, unless the term of
the Agreement is otherwise terminated or extended, as provided for in Section 8. The
time provided to Consultant to complete the services required by this Agreement shall not
affect the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all work required by this Agreement
in a substantial, first-class manner and shall conform to the standards of quality normally
observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance provided
in Sections 1.1 and 1_2 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed ONE
HUNDRED FORTY NINE THOUSAND, NINE HUNDRED EIGHT DOLLARS AND TWENTY FIVE
CENTS ($149,908.25), notwithstanding any contrary indications that may be contained in Consultant's
proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event
of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, or Consultant's
compensation schedule, attached as Exhibit B, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for
duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
Exhibit A
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EXHIBIT A
Page 4 of 44
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the
term of this Agreement, based on the cost for all services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain all the following information:
Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice,
etc.);
The beginning and ending dates of the billing period;
A task summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing the
work, the hours spent by each person, a brief description of the work, and each
reimbursable expense;
The total number of hours of work performed under the Agreement by each
employee, agent, and subcontractor of Consultant performing services hereunder;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds eight hundred (800) hours within a twelve (12) -
month period under this Agreement and any other agreement between Consultant
and City. Such notice shall include an estimate of the time necessary to complete
work described in Exhibit A and the estimate of time necessary to complete work
under any other agreement between Consultant and City, if applicable.
The amount and purpose of actual expenditures for which reimbursement is
sought;
The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant. Each invoice shall include all expenses and
activities performed during the invoice period for which Consultant expects to receive
payment.
2.3 Final Payment. City shall pay the five percent (5%) of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of
a final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement. In no
event shall Consultant submit any invoice for an amount in excess of the maximum amount
of compensation provided above either for a task or for the entire Agreement, unless the
Agreement is modified prior to the submission of such an invoice by a properly executed
change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated herein
as Exhibit B.
2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by
this Agreement: None. Expenses not listed above are not chargeable to City. Reimbursable
Exhibit A
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EXHIBIT A
Page 5 of 44
expenses are included in the total amount of compensation provided under Section 2 of this
Agreement that shall not be exceeded.
2.7 Payment of Taxes; Tax Withholding. Consultant is solely responsible for the payment
of employment taxes incurred under this Agreement and any similar federal or state taxes.
To be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 ("Form 590"), as may be amended and such Form 590 shall
be attached. Unless Consultant provides City with a valid Form 590 or other valid, written
evidence of an exemption or waiver from withholding, City may withhold California taxes
from payments to Consultant as required by law. Consultant shall obtain, and maintain on
file for three (3) years after the termination of this Agreement, Form 590s (or other written
evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole
responsibility for withholding taxes from any non -California resident subcontractor and
shall submit written documentation of compliance with Consultant's withholding duty to
City upon request.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 False Claims Act. Presenting a false or fraudulent claim for payment, including a change
order, is a violation of the California False Claims Act and may result in treble damages
and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation.
2.11 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes
of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be
not less than the prevailing rate for a day's work in the same trade or occupation in the
locality within the state where the work hereby contemplates to be performed as determined
by the Director of Industrial Relations pursuant to the Director's authority under Labor
Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or
by any subcontractor shall receive the wages herein provided for. The Consultant shall pay
two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775,
as may be amended, per day penalty for each worker paid less than prevailing rate of per
diem wages. The difference between the prevailing rate of per diem wages and the wage
paid to each worker shall be paid by the Consultant to each worker.
An error on the part of an awarding body does not relieve the Consultant from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant
to Labor Code Sections 1770 1775. The City will not recognize any claim for additional
compensation because of the payment by the Consultant for any wage rate in excess of
prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Consultant shall post at appropriate conspicuous points at the site of the project a schedule
showing all determined prevailing wage rates for the various classes of laborers and
Exhibit A
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EXHIBIT A
Page 6 of 44
mechanics to be engaged in work on the project under this contract and all deductions, if
any, required by law to be made from unpaid .wages actually earned by the laborers and
mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll
record, showing the name, address, social security number, work week, and the actual per
diem wages paid to each journeyman, apprentice, worker, or other employee employed by
the Consultant in connection with the public work. Such records shall be certified and
submitted weekly as required by Labor Code Section 1776."
C. Consultant shall comply with the City of South San Francisco Project Labor
Agreement (PLA) requirements. Exhibit A "Agreement to be Bound" of document shall
be fully executed for all applicable scopes of work.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its
sole cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities
shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may
involve incurring any direct expense, including but not limited to computer, long-distance telephone or
other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide proof satisfactory to City of such insurance that meets the requirements of this section and under
forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work
to the City. Consultant shall maintain the insurance policies required by this section throughout the term
of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall
not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s). Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether
a self-insurance program meets the standards of the Labor Code shall be solely in the
discretion of the Contract Administrator, as defined in Section 10. 9. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
Exhibit A
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EXHIBIT A
Page 7 of 44
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non -
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability Insurance and Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability on an "occurrence" basis. Automobile
coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 (most recent edition). No endorsement shall be attached
limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims -made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers,
employees, agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals' errors and omissions. Any deductible or self-insured retention shall
not exceed ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000)
per claim.
4.3.2 Claims -made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided
for at least five (5) years after completion of the Agreement or the work,
so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
Exhibit A
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EXHIBIT A
Page 8 of 44
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of five (5) years after completion of work under this
Agreement or the work. The City shall have the right to exercise, at the
Consultant's sole cost and expense, any extended reporting provisions of
the policy, if the Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual
liability shall be included in the policy
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A: VII.
4.4.2 Verification of coveratie. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, this shall not waive the Consultant's obligation to provide them.
The City reserves the right to require complete copies of all required insurance
policies at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits, except after thirty (3 0) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant's earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of
Consultant, including the City's general supervision of Consultant; products and
completed operations of Consultant, as applicable; premises owned, occupied, or
used by Consultant; and automobiles owned, leased, or used by the Consultant in
the course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5 Deductibles and Self -Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
Exhibit A
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EXHIBIT A
Page 9 of 44
beginning any of the services or work called for by any term of this Agreement.
Further, if the Consultant's insurance policy includes a self-insured retention that
must be paid by a named insured as a precondition of the insurer's liability, or
which has the effect of providing that payments of the self-insured retention by
others, including additional insureds or insurers do not serve to satisfy the self-
insured retention, such provisions must be modified by special endorsement so as
to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self-
insured retention required to be paid as a precondition to the insurer's liability.
Additionally, the certificates of insurance must note whether the policy does or
does not include any self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4. 6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 wasting Policy. No insurance policy required by Section 4 shall include a
wasting" policy limit.
4.4. 8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. To the fullest
extent permitted by law, Consultant shall, to the fullest extent allowed by law, with respect to all Services
performed in connection with this Agreement, indemnify, defend with counsel selected by the City, and
hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any
and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal
injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal
Exhibit A
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EXHIBIT A
Page 10 of 44
law or ordinance ("Claims"), to the extent caused, directly or indirectly, in whole or in part, by the willful
misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents. The
foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or
violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers,
employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents
have contributed in no part to the injury, loss of life, damage to property, or violation of law.
5.1 Insurance Not in Place of Indemnity. Acceptance by City of insurance certificates and
endorsements required under this Agreement does not relieve Consultant from liability
under this indemnification and hold harmless clause. This indemnification and hold
harmless clause shall apply to any damages or claims for damages whether or not such
insurance policies shall have been determined to apply. By execution of this Agreement,
Consultant acknowledges and agrees to the provisions of this Section and that it is a
material element of consideration.
5.2 PERS Liability. In the event that Consultant or any employee, agent, or subcontractor of
Consultant providing services under this Agreement is determined by a court of competent
jurisdiction or the California Public Employees Retirement System (PERS) to be eligible
for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and
hold harmless City for the payment of any employee and/or employer contributions for
PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
5.3 Third Party Claims. With respect to third party claims against the Consultant, the
Consultant waives any and all rights of any type of express or implied indemnity against
the Indemnitees.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement
System (PERS) as an employee of City and entitlement to any contribution to be paid by
City for employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
Exhibit A
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EXHIBIT A
Page 11 of 44
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all federal, state and local laws and regulations applicable to the performance of the work
hereunder. Consultant's failure to comply with such law(s) or regulation(s) shall constitute
a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors shall
comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its
employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals, including from City, of whatsoever nature that are legally required to practice
their respective professions. Consultant represents and warrants to City that Consultant
and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term of
this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under
this Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Section 8.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement for cause upon thirty (30) days' written notice to
City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of notice of termination; City, however, may condition
payment of such compensation upon Consultant delivering to City all materials described
in Section 9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
Consultant to execute a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City shall have
no obligation to provide Consultant with compensation beyond the maximum amount
provided for in this Agreement. Similarly, unless authorized by the Contract
Exhibit A
9/41
EXHIBIT A
Page 12 of 44
Administrator, City shall have no obligation to reimburse Consultant for any otherwise
reimbursable expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the costs to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that City would
have paid Consultant pursuant to Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS,
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models,
charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form, that Consultant
prepares or obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of the City. Consultant hereby agrees to deliver those
documents to the City upon termination of the Agreement. It is understood and agreed that
the documents and other materials, including but not limited to those described above,
prepared pursuant to this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Consultant agree that, until final
approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties except as required by law.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
Exhibit A
10/41
EXHIBIT A
Page 13 of 44
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds ten thousand ($10,000.00), the Agreement shall
be subject to the examination and audit of the State Auditor, at the request of City or as
part of any audit of the City, for a period of three (3) years after final payment under the
Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and plainly
marked as "Confidential," "Business Secret" or "Trade Secret."
Section 10
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is made
for information marked "Trade Secret" or "Business Secret," and the requester takes legal
action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and award
of attorneys' fees awarded against the City in favor of the party requesting the information,
and any and all costs connected with that defense. This obligation to indemnify survives
the City's award of the contract. Consultant agrees that this indemnification survives as
long as the trade secret information is in the City's possession, which includes a minimum
retention period for such documents.
MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a Party to this Agreement brings any action, including arbitration or
an action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing Party shall be entitled to reasonable attorneys' fees in addition to any other relief
to which that Party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the state
courts of California in the County of San Mateo or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
Exhibit A
11/41
EXHIBIT A
Page 14 of 44
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies
and other printed material on recycled paper to the extent it is available at equal or less cost
than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000, et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090, et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code § 1090, et seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Kitchell CEM
Contract Administrator"). All correspondence shall be directed to or through the
Contract Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express); and
iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each
case notice shall be sent to the respective Parties as follows:
Exhibit A
12/41
EXHIBIT A
Page 15 of 44
Consultant
City
Construction Testing Services, Inc.
50 California Street, Suite 1500
San Francisco, CA 94111
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, and B represents the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral pertaining to the matters herein.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties.
10.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the
Parties hereto with no intent to benefit any non -signatory third parties.
SIGNATURES ON FOLLOWING PAGE]
Exhibit A
13/41
EXHIBIT A
Page 16 of 44
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO CONSTRUCTION TESTING SERVICES, INC.
Mike Futrell, City Manager Aaren Sols, VP of Business Development
iGrG Uvr 9,?v 5 ( 4(- ;c7 )
Att st:
L
City Clerk .3
4A
V12-12t2a
Approved as to Form:
Cittney
2729964.
Exhibit A
14/41
EXHIBIT A
Page 17 of 44
EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide Special Inspection and Material Testing services during
construction and as required, including without limitation the following:
1. Provide technical consultation during construction to respond to requests for
information as applicable.
2. Provide technical consultation during construction including review of submittals
as applicable and respond to requests for information.
3. Project management to include client liaison, work scheduling, quality control
review of test results, and distribution of field reports.
4. Prepare daily field reports documenting the work observed.
5. Inspection and testing of structural steel erection including metal decking and
shop.
6. Visual inspection of structural steel welding and bolting.
7. Non-destructive testing of structural steel welding.
8. Visual inspection of light gauge steel welding.
9. Visual inspection of welding of miscellaneous metals.
10. Masonry installation inspection.
11. Embedded anchors inspection.
12. Visual inspection and non-destructive testing at fabrication facilities for structural
steel and miscellaneous metals.
13.Asphalt sampling, testing and inspection.
14. Intermittent batch plan inspection.
15. Inspection of in-place mock-ups.
16. Pre -cast concrete inspection and attachment to structure.
Exhibit A
15/41
EXHIBIT A
Page 18 of 44
General Requirements:
a. The CONSULTANT shall have access to the PROJECT site at all times.
Services will be scheduled and coordinated by the City's Construction
Manager.
b. The CONSULTANT will endeavor to secure compliance by Contractor with
the contract requirements, but does not guarantee the performance of their
contracts.
c. The CONSULTANT, as part of his/her basic services, shall advise the CITY
of any deficiencies in construction of the PROJECT.
d. The CONSULTANT shall advise the CITY to reject work which does not
conform to the Construction Documents. Construction Documents include
but are not limited to: The Agreement between Owner and Contractor
hereinafter "Construction Agreement"), Conditions of the Contract
General, Special and other Conditions), Drawings, Specifications,
Addenda issued prior to execution of the Contract, other documents listed
in the Construction Agreement and Modifications issued after execution of
the Construction Agreement.
e. The CONSULTANT shall not issue orders to Contractor that might commit
the CITY to extra expenses without first obtaining the written approval of the
CITY.
f. The CONSULTANT shall provide written evaluation of the performance of
the Contractor under the requirements of the Construction Documents
when requested by the CITY.
g. The CONSULTANT shall be responsible for gathering information and
processing forms required by applicable governing authorities, such as
building departments, OPSC, and DSA, in a timely manner and ensure
proper PROJECT close-out, if necessary.
h. If work requested by the Architect pursuant to this Article involves additional
charge, prior written approval of the CITY shall be obtained before
proceeding.
i. The CONSULTANT shall comply with all federal, state and local laws, rules,
regulations and ordinances that are applicable to the PROJECT.
Duties and Responsibilities of the Special Inspector
1. Observe Work
The special inspector shall observe the work for conformance with the
building division approved (stamped) design drawings and specifications
and applicable workmanship provisions of the CBC.
Architect/CONSULTANT reviewed shop drawings and/or placing drawings
may be used only as an aid to inspection. Special inspections are to be
Exhibit A
16/41
EXHIBIT A
Page 19 of 44
performed on a continuous basis; meaning that the special inspector is on
site in the general area at all times observing the work requiring special
inspection. Periodic inspections, if any, must have prior approval by the
building division based on the separate written plan reviewed and
approved by the building division and the project CONSULTANT or
architect.
2. Report Nonconforming Items
The special inspector shall bring nonconforming items to the immediate
attention of the contractor and note all such items in the daily report. If any
item is not resolved in a timely manner or is about to be incorporated in
the work, the special inspector shall immediately notify the building
division by telephone or in person, notify the CONSULTANT or architect
and post a discrepancy notice.
3. Furnish Daily Report
On request, each special inspector shall complete and sign both the
special inspection record and the daily report form for each day's
inspections to remain at the jobsite with the contractor for review by the
building division's inspector.
4. Furnish Weekly Reports
The special inspector or inspection agency shall furnish weekly reports of
tests and inspections directly to the building division, project
CONSULTANT or architect, and others as designated. These reports must
include the following:
a. Description of daily inspections' and tests made with applicable
locations;
b. Listing of all nonconforming items;
c. Report on how nonconforming items were resolved and unresolved
as applicable; and
d. Itemized changes authorized by the architect, CONSULTANT and
building division if not included in nonconformance items
5. Furnish Final Report
The special inspector or inspection agency shall submit a final signed
report to the building division stating that all items requiring special
inspection and testing were fulfilled and reported and, to the best of
his/her knowledge, in conformance with the approved design drawings,
specifications, approved change orders and the applicable workmanship
provisions of the CBC. Items not in conformance, unresolved items or any
discrepancies in inspection coverage (i.e. missed inspections, periodic
inspections when continuous was required, etc.) shall be specifically
itemized in this report.
Exhibit A
17/41
EXHIBIT A
Page 20 of 44
EXHIBIT B
COMPENSATION SCHEDULE
PROJECT: Police Operations & 911 Dispatch Center
FOR: City of South San Francisco
PROJECT COORDINATION AND TECHNICAL CONSULTATION
a. Earthwork Observation
b. Pile/Pier Observation
c. Pile Testing Observation
d. Technician Earthwork Observation & Compaction Testing
e. Sample Pick-up
f. Nuclear Density Gauge Usage
g. Travel Allowance (round trip)
LABORATORY TESTING
a. Proctor Density with Rock Correction, D1557, D698
b. Atterberg Limits, D4318, CT204
c. Sieve Analysis of Soil with 200 Wash, C136
d. Sand Equivalent, CT217
e. Sieve Analysis, Coarse Aggregate, C136
f. Sieve Analysis, Fine (include wash, C136)
g. Sampling of all listed soils/base materials
CONCRETE
a. Sampling for each Concrete placement
b. Concrete Moisture Slump Test - JOBSITE
c. Concrete Materials Batch Plant Inspections
d. Concrete Placement Inspection
e. Concrete Cylinder Compression Tests (4 per set)
PROOF LOAD/TORQUE TESTING
a. Proof load Testing (JOBSITE)
b. Torque Testing (JOBSITE)
REINFORCING STEEL
a. Sampling for Testing of Reinforcing Steel
b. Testing of Reinforcing Steel (Tensile and Bend)
C. ID & Tag Loads of Reinforcing Steel
d. Reinforcing Placement
STRUCTURAL STEEL
a. Sample and Test
b. Identify all materials (shop material identification)
c. Verify Stiffener locations, connection tabs
d. Welding Inspection (Shop)
e. Welding Inspection OT (Shop)
f. Welding Inspection NT (Shop)
g. Welding Inspection NTOT (Shop)
h. Welding Inspection (Field)
i. Ultrasonic Testing (Shop)
j. Ultrasonic Testing OT (Shop)
k. Ultrasonic Testing NT (Shop)
I. Ultrasonic Testing NTOT (Shop)
m. Ultrasonic Testing (Field)
n. High-strength Bolting Inspection (Field)
o. Metal Deck Welding Inspection
p. Reinforcing Steel Welding Inspection
q. Metal Stud Welding Inspection
r. Concrete Insert Welding Inspection
MASONRY
a. Special Inspection Stresses Used
b. Preliminary Acceptance Tests
Test Lab: Construction Testing Services
Date: February 28, 2020
0 hrs @ 70.00 per hr. =
0 hrs @ 70.00 per hr. =
0 hrs @ 70.00 per hr. =
0 hrs @ 70.00 per hr. =
0 hrs @ 65.00 per hr. =
0 hrs @ 70.00 per hr. =
0 trips @ 140.00 per trip. _
0 tests @ 175.00 per test. _
0 tests @ 200.00 per test. _
0 tests @ 150.00 per test. _
0 tests @ 150.00 per test. _
0 tests @ 150.00 per test. _
0 tests @ 150.00 per test. _
0 h rs @ 70.00 per hr. =
20 hrs @ 78.00 per hr. = 11560.00
10 hrs @ 78.00 per hr. = 780.00
10 hrs @ 78. 00 per hr. = 780.00
64 hrs @ 78.00 per hr. = 41992.00
12 sets @ 60.00 ea. set = 720.00
24 hrs @ 78.00 per hr. _ 17872.00
24 hrs @ 78.00 per hr. _ 1,872.00
20 hrs @ 78.00 per hr. _ 1,560.00
15 ea @ 150.00 per ea. _ 21250.00
20 hrs @ 78.00 per hr. _ 1,560.00
80 hrs @ 78.00 per hr. _ 67240.00
40 hrs @ 78.00 per hr. _ 3,120.00
40 hrs @ 78.00 per hr. _ 3,120.00
300 hrs @ 40.00 per hr. _ 121000.00
70 hrs @ 60.00 per hr. _ 4,200.00
300 hrs @ 45.00 per hr. _ 13, 500.00
70 hrs @ 67.50 per hr. _ 47725.00
100 hrs @ 78. 00 per hr. _ 71800.00
300 hrs @ 42.00 per hr. _ 12, 600.00
70 hrs @ 63.00 per hr. _ 47410.00
300 hrs @ 47.25 per hr. _ 14,175.00
70 hrs @ 70. 88 per hr. _ 41961.25
100 hrs @ 78.00 per hr. _ 71800.00
40 hrs @ 78.00 per hr. _ 3,120.00
60 hrs @ 78. 00 per hr. = 4,680.00
40 hrs @ 78.00 per hr. = 3,120.00
30 hrs @ 78. 00 per hr. = 27340.00
30 hrs @ 78.00 per hr. = 2,340.00
30 hrs @ 78.00 per hr. = 2,340.00
5 ea @ 100.00 per ea. = 500.00
Exhibit A
18/41
EXHIBIT A
Page 21 of 44
INSPECTION COST WORKSHEET
Masonry Units, Wall Prisms)
c. Subsequent Tests (Mortar, Grout, Field Wall Prisms) 10 ea @ $ 30.00 per ea. _ $ 300.00
d. Placement Inspection of Units 100 hrs @ $ 78. 00 per hr. _ $ 77800.00
SUPERVISION & REPORTS
a. Review Mix Designs and Welding Procedures NOT TO EXCEED $ 900.00
b. Supervision of lab and field personnel & coordination NOT TO EXCEED $ 2,900.00
c. Preparation of Test Reports NOT TO EXCEED $ 27700.00
d. Final Verified Report NOT TO EXCEED $ 271.00
e. Attendance of pre -construction meeting NO CHARGE
f. Other Charges (Please explain)
Shop base rate of $40/hour and $42/hour for NDT applies to Gayle locations in Nampa and Caldwell only for concurrent
work based on current Galye schedule.
Soils scope has been removed for the bid and will be provided by the geotechnical engineering of record.
No contingency is budgeted by CTS for uncontrollable overtime, prevailing wage increases and unforeseen requirements that may
arise in the specifications, as well as for work over the estimated hours. Owner should budget appropriate amount for budgetary purposes.
See attached fee schedule for basis of charges.
g. Engineer shall submit a current Schedule of Fees for other services that may be available. Schedule
shall include hourly charges for personnel.
Estimated Total Value of Test Lab Services
Not to Exceed for the Police Operations & 911 Dispatch Center
BASE BID) $ 149,908.25
Exhibit A
19/41
EXHIBIT A
Page 22 of 44
CONSTRUCTION
TESTING SERVICES
INSP
ESTING
ENGINEERING
2020 FEE SCHEDULE - P17409 2/1812020
353.00
PERSONNEL FEES AND BASIS OF CHARGES
303.90 185.00
INSPECTIONS, ENGINEERING & SPECIAL SERVICES
273.00
78. 00
Associate Engineer, Licensed
Standard Discounted
FIELD INSPECTION AND LABORATORY SERVICE Rate/Hour Rate/Hour
Steel 219-99 78.00
Nondestructive - UT, MT, PT 223.90 78.00
Steel Visual/UT Combination 223.09 78.00
Structural Steel Shop Fabrication Inspections (shop) at Gayle Nampa/Caldwell 219.00 40.00
Nondestructive - UT, MT, PT (shop) at Gayle Nampa/Caldwell 223.90 42.00
Concrete ACI 219.99 78.00
Concrete ICC 2i g.99 78.00
Masonry 219-99 78.00
Fireproofing 218.00
Shear Wall Nailing/Framing/Hold Downs 218.00
Soil Technician w/Nuclear Gauge and/or Sand Cone (portal-to-portal) 248.09 70.00
Asphalt Technician (portal-to-portal) 218.00
Shoring/Soldier Piers 218.00
Roofing & Waterproofing 218.00
50.00
Multi -Disciplined Inspector 218.00
100.00
Inspector Requiring G1 Pay Grade 253.00
100.00
Specialty Inspector or Where Formal Certification is Required 218.00
Field Inspector with Special Enhancement 218.00
Laboratory Technician 218.00
Technician Typist 218.00
271.00
PROFESSIONAL ENGINEERING SERVICES
Principal Engineer (Civil/Structural) 353.00
Geotechnical Engineer 303.90 185.00
Consulting Engineer (Civil/Structural) 273.00
78.00
Associate Engineer, Licensed 248.00
Project Manager 219-99 100.00
Staff Engineer 2:99 100.00
Field Supervision 43:89 100.00
ASNT Level III 258.00
Drafting 153.00
Quality Control Manager QOR
SPECIAL SERVICES
Portable and Mobile Laboratories, NDT and Soils QOR
Epoxy Bolt/Expansion Anchor - Installation Observation 218-09 78.00
Epoxy Bolt/Expansion Anchor Proof Load Testing (portal-to-portal) 209 78.00
Coring, 1 Person (including equipment) (portal-to-portal) 278.00
Coring, 2 Persons (including equipment) (portal-to-portal) 443.00
Asphalt Coring (portal-to-portal) 303.00
Project Research QOR
Ultrasonic Testing for Non -Metallic Materials QOR
Pavement Rehabilitation Analysis Using Deflections QOR
Roof Moisture Survey QOR
Soil Drilling Equipment QOR
Geotechnical Site Investigations/Foundation Reports QOR
Pachometer, Schmidt Hammer, Windsor Probe, Skidmore - Equipment Fee $115/Day (portal-to-portal) 288.00
Floor Flatness Testing FF/FL - Equipment Fee $115/Day (portal-to-portal) 288.00
Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $55/Kit (portal-to-portal) ASTM F1869 288.00
Relative Humidity Testing - $75/Kit (portal-to-portal) ASTM F2170 288.00
Ferroscan - Equipment Fee $115/day (portal-to-portal) 288.00
GPR - Equipment Fee $115/day (portal-to-portal) 343.00
Administration, Secretarial, Special Projects, Notary, Certified Payroll 463-99 50.00
Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice - $500) 345-88 100.00
Welding Procedure Review (less than 48 hours notice - $500) 345.09 100.00
Welder Qualification Test Record (WQTR) 250.00
DSA Interim Reports 178.00
Geotechnical Pad Letter (less than 48 hours notice - $550) 345.00
Final Letter (less than 48 hours notice - $550) 345:90 271.00
EXPERT WITNESS TESTIMONY
Court appearance, per day 2,420.00
Court appearance, per half day 1,210.00
Field inspection and laboratory technician services will be billed in accordance with minimums shown on Basis of Charges.
Professional engineering services will be billed in two hour increments.
Allfees subject to Basis of Charges
Exhibit A
20/41
EXHIBIT A
Page 23 of 44
4d&N CONSTRUCTION
TESTING SERVICES
BASIS OF CHARGES
INSPECTING
TESTING
ENGINEERING
GENERAL
Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services will be charged at applicable rates and will require travel and
mileage charges for equipment transport and storage per code (portal to portal) from the nearest CTS laboratory. Soils testing with nuclear gauge and/or sand cone equipment and
inspections requiring equipment will require applicable travel and mileage charges for equipment transport and storage per code (portal-to-portal) from the nearest CTS laboratory.
Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client; charges are subject to change at any
time. Construction Testing Services reserves the right to adjust the rates quoted in this contract based upon any Union or prevailing wage increases and/or changes in any industry
requirements.
MINIMUM HOURLY CHARGES — INSPECTION
Technician personnel and the following minimum charges are contractual commitment:
One-half day or less
Over one-half day
Show -up time (less than 2 hours notice = 4 hour charge)
WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday
Overtime, Weekdays and Saturdays (first 8 hours)
Overtime Saturdays (over 8 hours) and Sundays (first 8 hours)
Overtime Sundays (over 8 hours) and Holidays
Shift differential, swing and graveyard -
Work performed between 2:00 pm and 4:00 am)
MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee
Facsimile Charges. Plus $1.00/page (n/c for cover page)
Wireless Router/Data Card for Jobsite Internet
iPad Monthly Rental Fee
Electronic Reporting Fees/Subscriptions (PlanGrid, BIM, etc.)
Parking Fees
Air Travel
Outside Services
Subsistence (per union contract)
Mileage
Sample Pickup Driver
Weekend Sample Pickup
Project Administration
Samples Made by Others: Concrete Cylinders
Samples Made by Others: All Other Tests
Laboratory Sample Witness Fee
Laboratory Sample Storage Fee (per sample)
EZ Cure Boxes (Thermostatically Controlled Curing Boxes)
Returned Check Fee
4 Hours
8 Hours
2 Hours
Premium time is as follows:
1.5 x quoted hourly rate
2 x quoted hourly rate
3 x quoted hourly rate
12.5%/hour additional to base or quoted rate.
40.00/each
7.00/minimum
135.00/day
100.00/month
At Cost
At Cost
Cost Plus 10%
Cost Plus 20%
130.00/day
Standard Federal Rate
200.00/hour
1204W Of MoRthly !AVG
130 + Test
55.00 + Test
130.00
120.00
QOR
150.00
65. 00/hour
Included in Rates
TESTS
Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the laboratory technician rate. Fees for tests not listed will be
quoted upon request. There will be a minimum charge of $100.00 for any engineering report. Please note some tests maybe tested by subconsultants. Samples delivered to the
laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.
INSURANCE
The liability of Construction Testing Services (CTS) is limited to CTS's contract value.
PAYMENT
Invoices will be submitted monthly or bimonthly for services performed during the preceding month and are payable on receipt. Interest of 1.5% per month (but not exceeding the
maximum rate allowable by law) will be payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principle unpaid
amount. Attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by client. Visa, MasterCard and American Express payments are accepted
however fees will apply. Visa and MasterCard payments require an additional 3% on top of the amount of the invoice being paid. American Express payments require an additional
4% on top of the amount of the invoice being paid.
Allfees subject to Basis of Charges
Exhibit A
21/41
EXHIBIT A
Page 24 of 44
CONSTRUCTION
TESTING SERVICES
CONCRETE AND MASONRY TESTS
CONCRETE
Compressive Strength of Cylindrical Concrete Specimens (6x12)
Compressive Strength of Cylindrical Concrete Specimens (4x8)
Compressive Strength of Cylindrical Concrete Specimens (Over 8000 PSI)
Cylinder molds. 6" x 12" and 4" x 8"
Compressive Strength of Lightweight Insulating Concrete
Obtaining and Testing Sawed Beams and Drilled Cores of Concrete (Cores)
Flexural Toughness of Fiber Reinforced Concrete (Round Panel)
Flexural Strength of Concrete (Using Simple Beam with Third -Point Loading)
Flex Beams per Caltrans Test Methods
Length Change of Hardened Hydraulic -Cement Mortar and Concrete (Shrinkage, 1 Sample)
Shotcrete Nozzleman Qualification Letter (Per Nozzleman, Per Position)
Shotcrete Pre -Qualification Cores (Compression and Visual)
Shotcrete Production Cores
Coefficient of Thermal Expansion
Determining Density of Structural Lightweight Concrete (Cylinders)
Standard Specification for Concrete Made by Volumetric Batching and Mixing
Cement Quality Sampling
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete
Splitting Tensile Strength of Cylindrical Concrete Specimens
Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression
Grab Sample, Sealing and Storing in a Humidity and Temperature Controlled Room
Density of Hydraulic Cement
Testing of Controlled Low Strength Material (CLSM) Test Cylinders
GFRC Pull Test
GFRC Flexural Test
Foaming Agents for Use in Producing Cellular Concrete Using Preformed Foam (Cell -Crete)
MASONRY
Compressive Testing of Grout (Masonry)
Compressive Strength of Hydraulic Cement Mortars Using 2" Cube Specimens
Compressive Strength of Masonry Prisms
Testing Concrete Masonry Units and Related Units (Core Compression)
Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample)
Testing Concrete Masonry Units (CMU) and Related Units (Full Unit)
Linear Drying Shrinkage of Concrete Masonry Units (Per Unit)
Masonry Core Shear Testing
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight)
Brick and Clay Tile (modulus of rupture, compression, saturation coefficient, suction rate,
efflorescence)*
Mortar Molds. 2" x 4". Single Use
Mortar or Grout, Stored and Cured, Not Tested (Including Mold)
AGGREGATES (SOILS AND CONCRETE)
Determining Sieve Analysis of Fine and Coarse Aggregates (Coarse Only)
Sieve Analysis of Fine and Coarse Aggregates (Fine Only)
Sieve Analysis of Fine and Coarse Aggregates (Wash Included)
Sieve Analysis of Fine and Coarse Aggregates (200 Wash Only)
Standard Test Methods for Particle -Size Distribution (Gradation) of Soils Using Sieve Analysis
Evaluating Cleanness of Coarse Aggregate
Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate
Unit Weight of Aggregate
Clay Lumps and Friable Particles in Aggregates
Flat Particles, Elongated Particles or Flat and Elongated Particles in Coarse Aggregate
Organic Impurities in Fine Aggregates for Concrete
Density, Relative Density(Specific Gravity), and Absorption of Coarse Aggregate
Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate
Standard Test Methods for Specific Gravity of Soil Solids by Water Pycnometer
Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and Impact in the Los
Angeles Machine
Percentage of Crushed Particles/Standard Test Method for Determining the Percentage of Fractured
Particles in Coarse Aggregate
Uncompacted Void Content of Fine Aggregate (as Influenced by Particle Shape, Surface Texture,
and Grading)
Sand Equivalent Value of Soils and Fine Aggregate
Durability Index (Fine)
Durability Index (Coarse)
Durability Index (Fine and Coarse)
Lightweight Particles in Aggregate
Resistance of Rock to Wetting and Drying
Unusual sample preparation for brick specimen will be charged at the established hourly rate.
All fees subject to Basis of Charges
INSPECTING
TESTING
ENGINEERING
ASTM C1019
Standard Discounted
121.00 $30.00
Rate/Each Rate/Each
ASTM C39 84.98 15.00
ASTM C39 84.99 15.00
ASTM C39 143.00
CBC 2105A.4
ASTM C470 72. 00
340.00
ASTM C495 94. 00
ASTM C42 121.00
121.00
ASTM C1550 440.00
ASTM C78 308.00
CT523 and CT524 308.00
ASTM C157 150.00
ACI 506, ASTM C42 and C1140 $440.00
336.00
ACI 506, ASTM C42 and C1140 $110.00
ASTM D854
ASTM C1140 110.00
ASTM C131(535) and C211
AASHTO T336 535.00
ASTM D5821 /CT205
ASTM C567 405.00
ASTM C1252/AASHTO T304A
ASTM C685 965.00
ASTM D2419/CT217
CBC 2010 667.00
ASTM D3744/CT229
ASTM C472 55.00
ASTM D3744/CT229
ASTM C496 253.00
ASTM D 3744/CT229
ASTM C469 215.00
ASTM C123/AASHTO T113
CBC 150.00
CRD -C169
ASTM C188 195.00
ASTM D4832 150.00
PCI 374.00
PCI 374.00
ASTM C796 525.00
ASTM C1019 421.99 $30.00
ASTM C109 121.00 $30. 00
ASTM C1314 49:7.09 $100.00
CBC 2105A.4 187.00
ASTM C780 A7.6 121.00
ASTM C140 184.00
ASTM C426 270.00
CBC 2105A.4 270.00
ASTM C140 340.00
ASTM C67
1,000.00
121.00
158.00
121.00
CT202/ASTM C136 229.09 150.00
CT202/ASTM C136 295.09 150.00
CT202/ASTM C117 379.99 150.00
ASTM C117/D1140 220.00
ASTM D6913 350.00
CT227 370.00
ASTM C88/CT214 275.00
CT212 158.00
ASTM C142 215.00
ASTM D4791 /CT235 370.00
CT213/ASTM C40 336.00
ASTM C127/CT206 336.00
ASTM C128/CT207 336.00
ASTM D854 336.00
ASTM C131(535) and C211
535.00
ASTM D5821 /CT205 405.00
ASTM C1252/AASHTO T304A
405.00
ASTM D2419/CT217 270.90 150.00
ASTM D3744/CT229 405.00
ASTM D3744/CT229 405.00
ASTM D 3744/CT229 405.00
ASTM C123/AASHTO T113 QOR
CRD -C169 590.00
Exhibit A
22/41
EXHIBIT A
Page 25 of 44
win CONSTRUCTION
141W1 TESTING SERVICES
INSPECTING
TESTING
ENGINEERING
SOILS, AGGREGATE, ASPHALTIC CONCRETE SERVICES & TESTS
Standard Discounted
SOILS Rate/Each Rate/Each
Direct Shear Test of Soils Under Consolidated Drained Conditions ASTM D3080 535.00
Consolidated Undrained Triaxial Compression Test for Cohesive Soils (per point) ASTM D4767 1,000.00
Consolidated Undrained Triaxial Compression Test for Cohesive Soils (added points) ASTM D4767 200.00
Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point) ASTM D4767 325.00
One -Dimensional Consolidation Properties of Soils Using Incremental Loading ASTM D2435 300.00
Caltrans Corrosivity Package 505.00
Determining Field and Laboratory Resistivity and pH Measurements for Soil and Water CT643 QOR
Soils and Waters for Sulfate Content CT417 QOR
Soils and Waters for Chloride Content CT422 QOR
Particle -Size Analysis of Soils (with Hydrometer) ASTM D422 590.00
Pore Water Extraction and Determination of the Soluble Salt Content of Soils by Refractometer ASTM D4542 625.00
Standard Test Method for Particle -Size Analysis of Soils (without Hydrometer) ASTM D422 535.00
Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM D4318/CT204 535.09 200.00
Laboratory Compaction Characteristics of Soil Using Modified/Standard Effort ASTM D1 557/D698 502.00 175. 00
Hydrometer Only ASTM D422 535.00
pH of Soils ASTM D4972 467.00
Relative Compaction of Untreated and Treated Soils and Aggregates CT216 590.00
Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement
Soils by the Stabiliometer ASTM D2844/CT301
590.00
Laboratory Determination of Water(*moisture) Content of Soil and Rock by Mass ASTM D2216/CT226 150.00
Density of Soil in Place by the Drive -Cylinder Method D2937 116.00
Expansion Index of Soils ASTM D4829 405.00
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter
Permeability) ASTM D5084/CT220
550.00
Lab Compaction Characteristics of Soil 1 Point Proctor (Check Point) ASTM D698/D1557 337.00
Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 285.00
Minimum Index Density and Unit Weight of Soils and Calculation of Relative Density ASTM D4254 285.00
Density of Hydraulic Cement ASTM C188 253.00
Volatile Organic Content EPA 8260B QOR
Semi Volatile Organics by GC/Ms (Basic Target List) EPA 8270C QOR
Total Organic Carbon ASTM 2974/EPA 5310Bm QOR
ICP Metals Concentration EPA 6020 - CAM/CCR 17 QOR
Total Extractable Petroleum Hydrocarbons: TPH, MTBE, Benzene,Toluene, Ethylbenzene, Zylenes,
QOR
SS EPA 8015B
ICP Metals Concentration EPA 6020 QOR
pH EPA 9045D 535.00
Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR
Chromium Soluble EPA 7196A QOR
Moisture, Ash and Organic Matter of Peat and Other Organic Soils (Organic Content) ASTM D2974 270.00
Universal Soil Classification System (USCS) Test ASTM D2487 300.00
California Bearing Ratio Test ASTM D1883 370.00
Unconfined Compressive Strength of Cohesive Soil ASTM D2166/CT221 187.00
ASPHALT
Quantitative Extraction of Bitumen from Bituminous Paving Mixtures (Solvent) ASTM D2172/CT310 732.00
Determining Low Temperature Performance Grade (PG) of Asphalt Binders ASTM 6816 QOR
Thickness/Height of Compacted Bituminous Paving Mixture Specimens (Cores) ASTM D3549/CT308 270.00
Method of Prep of Bituminous Mixture Test Specimens ASTM D6926/CT304 270.00
ASTM D1188 and
Bulk Specific Gravity and Density of Compacted Bituminous Mixtures (LTMD) D2726/CT308
990.00
Indirect Tensile (IDT) Strength of Bituminous Mixtures (TSR) ASTM D6931/CT371 3,146.00
Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate ASTM D5444/CT202 405.00
Marshall Stability and Flow of Bituminous Mixtures ASTM D6927 990.00
Theoretical Maximum Specific Gravity and Density (Rice) ASTM D2041/CT309 405.00
Measuring the Permeability of Bituminous Pavements and Seal Coats CT341 QOR
Swell of Bituminous Mixtures CT305 370.00
Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or Volatile Distillates in Asphalt ASTM D1461/CT307 930.00
Stabilometer Value (1 sample) CT366 370.00
Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method CT382/ASTM D6307 405.00
Determination of Correction Factor of Bituminous Paving Mixtures by the Ignition Method CT382/ASTM D6307 405.00
Determination of Asphalt and Moisture Contents of Bituminous Mixtures by Microwave Oven CT370 405.00
Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6) ASTM D1075 3,330.00
Compressive Strength of Bituminous Mixtures ASTM D1074 270.00
Hamburg Wheel Track AASHTO T324 3,630.00
Moisture Susceptibility AASHTO T283 3,630.00
Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate subbase and aggregate base will be charged at established rates for
laboratory technician.
Does not include sample preparation or sieve analysis
Allfees subject to Basis of Charges
Exhibit A
23/41
EXHIBIT A
Page 26 of 44
f
0;
A` N CONSTRUCTION
I ITESTING SERVICES
MATERIALS MECHANICAL TESTS
Mechanical Testing of Steel Products (General Tensile)
Fillet Weld Break Test for Qualification (Welding)
Tension Testing of Metallic Materials, Tension Testing Wrought and Cast Aluminum and Magnesium -
Alloy Products, (Welding Coupon Tensile)
Mechanical Testing of Steel Products (Couplers)
Impact Testing of Miniaturized Charpy V -Notch Specimens, Notched Bar Impact Testing of Metallic
Materials
Testing, Practices, and Terminology for Chemical Analysis of Steel Products
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #348
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #9411
Mechanical Testing of Steel Products & Bend Testing of Material for Ductility; #14+
Mechanical Testing of Steel Products, Standard Specification for Steel Wire, Plain, for Concrete
Reinforcement
Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds
Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Anchor
Bolts Only (Tension and Yield)
Rockwell Hardness of Metallic Materials
Proof Test for Carbon and Alloy Steel (Nuts Only)
Radiographic Examination of Metallic Castings/Weldments
Macroetching Metals and Alloys
Determining the Mechanical Properties of Externally and Internally Threaded Fasteners, Washers,
Direct Tension Indicators, and Rivets (HSB Assemblies)
Mechanical Testing of Steel Products (Terminators Tensile)
Strength for Sewn or Bonded Seams of Geotextiles
Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure
Breaking Strength and Elongation of Textile Fabrics (Grab Test)
Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars
Steel Strand, Uncoated Seven -Wire for Prestressed Concrete
FIREPROOFING
Thickness and Density of Sprayed Fire -Resistive Material (SFRM)
Cohesion/Adhesion of Sprayed Fire -Resistive Materials (Test Kit Only)
INSPECTING
TESTING
ENGINEERING
ASTM E605 $270.00
ASTM E736 $77. 00
CONTACT INFORMATION
Headquarters: 2118 Rheem Drive • Pleasanton, CA 94588 • P 925.462.5151 • F 925. 462.5183
Peninsula: 50 California Street, Suite 1500 • San Francisco, CA 94111 • P 415.334.4747 • F 415. 438.2357
Oakland: 246 30th Street, Suite 101 • Oakland, CA 94601 • P 510.444.4747 • F 510. 835.1825
San Jose: 2033 Gateway Place, #500 San Jose, CA 95110 • P 408.573.6992 • F 408.437.1201
Stockton: 343 East Main Street, #711 • Stockton, CA 95202 • P 209.507.7555 • F 209.507.7554
Rocklin: 4400 Yankee Hill Road • Rocklin, CA 95677 • P 916. 419.4747 • F 916.419.4774
Las Vegas: 3842 E. Post Road • Las Vegas, NV 89120 • P 702. 257.4747 • F 702.257.4718
Al/fees subject to Basis of Charges
Standard Discounted
Rate/Each Rate/Each
ASTM A370 470.00
AWS B4.0 205.00
ASTM E8, B557 and AWS B4.0
470.00
ASTM A370 460.00
ASTM E2248 and ASTM E23
QOR
ASTM A751 336.00
ASTM A370 and E290 3:79.99 $150.00
ASTM A370 and E290 440.00
ASTM A370 and E290 QOR
ASTM A370, A82 and A185
440.00
ASTM El 90 and AWS B4.0 270.00
ASTM F307, F1554 and F606
528.00
ASTM E18 150.00
ASTM Al 94 or A563 337.00
ASTM E94, E1030 and E1032 QOR
ASTM E340, E381 and AWS 337.00
ASTM F606
370.00
ASTM A370 370.00
ASTM D4884 336.00
ASTM D2261 336.00
ASTM D5034 270.00
ASTM D3039 990.00
ASTM A416 and Al 061 1,463.00
ASTM E605 $270.00
ASTM E736 $77.00
CONTACT INFORMATION
Headquarters: 2118 Rheem Drive • Pleasanton, CA 94588 • P 925. 462.5151 • F 925. 462.5183
Peninsula: 50 California Street, Suite 1500 • San Francisco, CA 94111 • P 415.334.4747 • F 415. 438.2357
Oakland: 246 30th Street, Suite 101 • Oakland, CA 94601 • P 510.444.4747 • F 510. 835.1825
San Jose: 2033 Gateway Place, #500 San Jose, CA 95110 • P 408.573.6992 • F 408.437.1201
Stockton: 343 East Main Street, #711 • Stockton, CA 95202 • P 209. 507.7555 • F 209.507.7554
Rocklin: 4400 Yankee Hill Road • Rocklin, CA 95677 • P 916.419.4747 • F 916.419.4774
Las Vegas: 3842 E. Post Road • Las Vegas, NV 89120 • P 702.257.4747 • F 702.257.4718
Al/fees subject to Basis of Charges
Exhibit A
24/41
EXHIBIT A
Page 27 of 44
10
ACCDW" CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
03/11/ 2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CA LIC OB29370 1-925-244-7700
Edgewood Partners Insurance Centers (EPIC)
San Ramon - Branch ID 143941
P. O. Box 5003
CONTACT
Certificates DepartmentNAME: p
PHONE 925-244-7700
FAX
925-901-0671NExt): A/C No):
ADDRIESS. [email protected]
INSURERS AFFORDING COVERAGE NAIC #
X
INSURER A: HARTFORD FIRE IN CO 19682SanRamon, CA 94583
INSURED INSURER B: COMMERCE & INDUSTRY INS CO 19410
Construction Testing Services, Inc.
INSURER C: CONTINENTAL CAS CO 20443
INSURER D:
2118 Rheem Drive
INSURER E:
1 INSURER F: Pleasanton, CA 94588
COVERAGES CERTIFICATE NUMBER: 58715437 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHFR 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.
INSR
LTR TYPE OF INSURANCE
ADDL SUBR
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DDlYYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY X X 57UUNFP6329 08/01/19 08/01/20 EACH OCCURRENCE $ 1,000,000
CLAIMS -MADE 7 OCCUR
DAMAGE TO RENTED
300,000PREMISESEaoccurrence $
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
PRODUCTS - COMP/OP AGG $ 2,000,000POLICYFX]PRO
JECT [7LOC
OTHER:
A AUTOMOBILE
X
LIABILITY
ANY AUTO
X X 57UUNFP629 0M/.
D SINGLE LIMIT $ 11000,000Eaaccidint)
BODILY I JURY (Per person) $
BODILY I JURY (Per accident) $
X
ALL OWNED SCHEDULED
AUTOS AUTOS
NON-OWNEDOPER
HIRED AUTOS X AUTOS
tea°
Y. ... `"` ,_
s .,
DAMAGE $
per accid nt
UMBRELLA LIAB OCCUR URRENCE $
AGGREGATE $ EXCESS LIAB CLAIMS -MADE
DED RETENTION $
B
B
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y! N
ANY PROP RIETORlPARTNER/EXECUTIVE
X
X
WC 6 2 4 9 9 2 5 9 (CA)
WC62499260 (NV, ID)
07/01/19
07/01/19
07/01/20
07/01/20
X STATUTE ER
E.L. EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? H
Mandatory in NH)
N / A
E.L. DISEASE - EA EMPLOYEE $ 1,000,000
E.L. DISEASE -POLICY LIMIT $ 11000,000Ifyes, describe under
DESCRIPTION OF OPERATIONS below
C Professional/Pollution MCH591919731 08/01/19 08/01/20 Per Claim 11000,000
Aggregate 2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
P17409 / RE: City of South San Francisco Police Operations & 911 Dispatch Center
ADDITIONAL INSURED: City of South San Francisco and its officers, employees, agents, and volunteers
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City of South San Francisco THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Parks, Facilities & Common Greens Div.
550 N. Canal Street AUTHORIZED REPRESENTATIVE
South San Francisco, CA 94080
USA '
1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD
SLeles-SRC
58715437
Exhibit A
25/41
EXHIBIT A
Page 28 of 44
DATE
SUPPLEMENT TO CERTIFICATE OF INSURANCE 03,11„020
NAME OF INSURED: construction Testing Services, Inc.
SUPP (10/00)
Exhibit A
26/41
EXHIBIT A
Page 29 of 44
POLICY NUMBER: 57UUNFP6329
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Various provisions in this policy restrict coverage.
Read the entire policy carefully to determine rights,
duties and what is and is not covered.
Throughout this policy the words "you" and "your"
refer to the Named Insured shown in the
Declarations, and any other person or organization
qualifying as a Named Insured under this policy. The
words "we", "us" and "our" refer to the stock
insurance company member of The Hartford
providing this insurance.
The word "insured" means any person or
organization qualifying as such under Section 11 -
Who Is An Insured.
Other words and phrases that appear in quotation
marks have special meaning. Refer to Section V -
Definitions.
SECTION I - COVERAGES
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured
becomes legally obligated to pay as damages
because of "bodily injury" or "property
damage" to which this insurance applies. We
will have the right and duty to defend the
insured against any "suit" seeking those
damages. However, we will have no duty to
defend the insured against any "suit" seeking
damages for "bodily injury" or "property
damage" to which this insurance does not
apply. We may, at our discretion, investigate
any "occurrence" and settle any claim or "suit"
that may result. But:
1) The amount we will pay for damages is
limited as described in Section III - Limits
Of Insurance; and
2) Our right and duty to defend ends when
we have used up the applicable limit of
insurance in the payment of judgments or
settlements under Coverages A or B or
medical expenses under Coverage C.
No other obligation or liability to pay sums or
perform acts or services is covered unless
explicitly provided for under Supplementary
Payments - Coverages A and B.
b. This insurance applies to "bodily injury" and
property damage" only if:
1) The "bodily injury" or "property damage" is
caused by an "occurrence" that takes
place in the "coverage territory";
2) The "bodily injury" or "property damage"
occurs during the policy period; and
3) Prior to the policy period, no insured listed
under Paragraph 1. of Section 11 - Who Is
An Insured and no "employee" authorized
by you to give or receive notice of an
occurrence" or claim, knew that the
bodily injury" or "property damage" had
occurred, in whole or in part. If such a
listed insured or authorized "employee"
knew, prior to the policy period, that the
bodily injury" or "property damage"
occurred, then any continuation, change
or resumption of such "bodily injury" or
property damage" during or after the
policy period will be deemed to have been
known prior to the policy period.
c. "Bodily injury" or "property damage" will be
deemed to have been known to have
occurred at the earliest time when any
insured listed under Paragraph 1. of Section II
Who Is An Insured or any "employee"
authorized by you to give or receive notice of
an "occurrence" or claim:
1) Reports all, or any part, of the "bodily
injury" or "property damage" to us or any
other insurer;
2) Receives a written or verbal demand or
claim for damages because of the "bodily
injury" or "property damage"; or
3) Becomes aware by any other means that
bodily injury" or "property damage" has
occurred or has begun to occur.
d. Damages because of "bodily injury" include
damages claimed by any person or
organization for care, loss of services or
death resulting at any time from the "bodily
injury"
e. Incidental Medical Malpractice And Good
Samaritan Coverage
Bodily injury" arising out of the rendering of
or failure to render the following health care
services by any "employee" or "volunteer
worker" shall be deemed to be caused by an
occurrence" for:
HG 00 010916
C 2016 The Hartford
Includes copyrighted material of Insurance Services Office, Inc. with its permission.)
Exhibit A
27/41
EXHIBIT A
Page 30 of 44
The insurance afforded herein for any
subsidiary not named in this Coverage Part
as a named insured does not apply to injury
or damage with respect to which such insured
is also a named insured under another policy
or would be a named insured under such
policy but for its termination or the exhaustion
of its limits of insurance.
3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or limited
liability company, and over which you maintain
financial interest of more than 50% of the voting
stock, will qualify as a Named Insured if there is
no other similar insurance available to that
organization. However:
a. Coverage under this provision is afforded only
until the 180th day after you acquire or form
the organization or the end of the policy
period, whichever is earlier;
b. Coverage A does not apply to "bodily injury"
or "property damage" that occurred before
you acquired or formed the organization; and
c. Coverage B does not apply to "personal and
advertising injury" arising out of an offense
committed before you acquired or formed the
organization.
4. Nonowned Watercraft
With respect to watercraft you do not own that is
less than 51 feet long and is not being used to
carry persons for a charge, any person is an
insured while operating such watercraft with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the watercraft, and
only if no other insurance of any kind is available
to that person or organization for this liability.
However, no person or organization is an insured
with respect to.-
a.
o:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by you
or the employer of any person who is an
insured under this provision.
5. Additional insureds When Required By
Written Contract, Written Agreement Or
Permit
The following person(s) or organization(s) are an
additional insured when you have agreed, in a
written contract, written agreement or because of
a permit issued by a state or political subdivision,
that such person or organization be added as an
additional insured on your policy, provided the
injury or damage occurs subsequent to the
execution of the contract or agreement.
A person or organization is an additional insured
under this provision only for that period of time
required by the contract or agreement.
However, no such person or organization is an
insured under this provision if such person or
organization is included as an insured by an
endorsement issued by us and made a part of
this Coverage Part.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
bodily injury" or "property damage" arising
out of "your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
property damage" included within the
Ioftoperations hazard
1) The insurance afforded the vendor is
subject to the following additional
exclusions:
This insurance does not apply to:
a) "Bodily injury" or "property damage" for
which the vendor is obligated to pay
damages by reason of the assumption
of liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the vendor
would have in the absence of the
contract or agreement;
b) Any express warranty unauthorized by
you;
c) Any physical or chemical change in the
product made intentionally by the
vendor;
d) Repackaging, except when unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under instructions
from the manufacturer, and then
repackaged in the original container;
e) Any failure to make such inspections,
adjustments, tests or servicing as the
vendor has agreed to make or normally
undertakes to make in the usual
course of business, in connection with
the distribution or sale of the products;
f) Demonstration, installation, servicing
or repair operations, except such
operations performed at the vendor's
premises in connection with the sale of
the product;
g) Products which, after distribution or
sale by you, have been labeled or
relabeled or used as a container, part
or ingredient of any other thing or
substance by or for the vendor; or
HG 00 01 09 16
Exhibit A
28/41
EXHIBIT A
Page 31 of 44
h) "Bodily injury" or "property damage"
arising out of the sole negligence of the
vendor for its own acts or omissions or
those of its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
i) The exceptions contained in Sub-
paragraphs (d) or (f); or
ii) Such inspections, adjustments,
tests or servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products.
2) This insurance does not apply to any
insured person or organization, from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or containing
such products.
b. Lessors Of Equipment
1) Any person(s) or organization(s) from
whom you lease equipment; but only with
respect to their liability for "bodily injury",
property damage" or "personal and
advertising injury" caused, in whole or in
part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization (s).
2) With respect to the insurance afforded to
these additional insureds this insurance
does not apply to any "occurrence" which
takes place after the equipment lease
expires.
c. Lessors Of Land Or Premises
Any person or organization from whom you
lease land or premises, but only with respect
to liability arising out of the ownership,
maintenance or use of that part of the land or
premises leased to you.
With respect to the insurance afforded these
additional insureds the following additional
exclusions apply:
This insurance does not apply to:
1. Any "occurrence" which takes place after
you cease to lease that land; or
2. Structural alterations, new construction or
demolition operations performed by or on
behalf of such person or organization.
d. Architects, Engineers Or Surveyors
Any architect, engineer, or surveyor, but only
with respect to liability for "bodily injury",
property damage" or "personal and
advertising injury" caused, in whole or in part,
by your acts or omissions or the acts or
HO 00 0109 16
omissions of those acting on your behalf:
1) In connection with your premises; or
2) In the performance of your ongoing
operations performed by you or on your
behalf.
With respect to the insurance afforded these
additional insureds, the following additional
exclusion applies:
This insurance does not apply to "bodily
injury", "property damage" or "personal and
advertising injury" arising out of the rendering
of or the failure to render any professional
services by or for you, including:
1. The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
2. Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
e. Permits Issued By State Or Political
Subdivisions
Any state or political subdivision, but only with
respect to operations performed by you or on
your behalf for which the state or political
subdivision has issued a permit.
With respect to the insurance afforded these
additional insureds, this insurance does not
apply to:
1) "Bodily injury", "property damage" or
personal and advertising injury" arising
out of operations performed for the state
or municipality; or
2) "Bodily injury" or "property damage"
included within the "products -completed
operations hazard".
f. Any Other Party
Any other person or organization who is not
an additional insured under Paragraphs a.
through e. above, but only with respect to
liability for "bodily injury", "property damage"
or "personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
1) In the performance of your ongoing
operations;
Exhibit A
29/41
EXHIBIT A
Page 32 of 44
2) In connection with your premises owned
by or rented to you; or
3) In connection with "your work" and
included within the "products -completed
operations hazard", but only if
a) The written contract or agreement
requires you to provide such coverage
to such additional insured; and
b) This Coverage Part provides coverage
for "bodily injury" or "property damage"
included within the "products -
completed operations hazard".
However:
1) The insurance afforded to such additional
insured only applies to the extent
permitted by law; and
2) If coverage provided to the additional
insured is required by a contract or
agreement, the insurance afforded to such
additional insured will not be broader than
that which you are required by the contract
or agreement to provide for such
additional insured.
With respect to the insurance afforded to
these additional insureds, this insurance does
not apply to:
Bodily injury" "property damage" or
personal and advertising injury" arising out of
the rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
1) The preparing, approving, or failing to
prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and
specifications; or
2) Supervisory, inspection, architectural or
engineering activities.
This exclusion applies even if the claims
against any insured allege negligence or
other wrongdoing in the supervision, hiring,
employment, training or monitoring of others
by that insured, if the "occurrence" which
caused the "bodily injury" or "property
damage", or the offense which caused the
personal and advertising injury", involved the
rendering of or the failure to render any
professional services by or for you.
The limits of insurance that apply to additional
insureds is described in Section III - Limits Of
Insurance.
How this insurance applies when other insurance
is available to the additional insured is described
in the other Insurance Condition in Section Iv -
Commercial General Liability Conditions.
No person or organization is an insured with respect
to the conduct of any current or past partnership,
joint venture or limited liability company that is not
shown as a Named Insured in the Declarations.
SECTION III - LIMITS OF INSURANCE
1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most we
will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
2. General Aggregate Limit
The General Aggregate Limit is the most we will
pay for the sum of:
a. Medical expenses under Coverage C;
b. Damages under Coverage A, except
damages because of "bodily injury" or
property damage" included in the "products -
completed operations hazard"; and
c. Damages under Coverage B.
3. Products -Completed Operations Aggregate
Limit
The Products -Completed Operations Aggregate
Limit is the most we will pay under Coverage A
for damages because of "bodily injury" and
property damage" included in the "products -
completed operations hazard".
4. Personal And Advertising Injury Limit
Subject to 2. above, the personal and
Advertising Injury Limit is the most we will pay
under Coverage B for the sum of all damages
because of all "personal and advertising injury"
sustained by any one person or organization.
5. Each Occurrence Limit
Subject to 2. or 3. above, whichever applies, the
Each Occurrence Limit is the most we will pay for
the sum of:
a. Damages under Coverage A; and
b. Medical expenses under Coverage C
because of all "bodily injury" and "property
damage" arising out of any one "occurrence".
C. Damage To Premises Rented To You Limit
Subject to 5. above, the Damage To Premises
Rented To You Limit is the most we will pay
under Coverage A for damages because of
property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.
HG 00 0109 16
Exhibit A
30/41
EXHIBIT A
Page 33 of 44
3) Any manager, if you or the additional
insured is a limited liability company;
4) Any "executive officer" or insurance
manager, if you or the additional insured is
a corporation;
5) Any trustee, if you or the additional
insured is a trust; or
6) Any elected or appointed official, if you or
the additional insured is a political
subdivision or public entity.
This duty applies separately to you and any
additional insured.
3. Legal Action Against Us
No person or organization has a right under this
Coverage Part:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Part unless all of
its terms have been fully complied with.
A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this Coverage Part or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.
14. Other Insurance
If other valid and collectible insurance is
available to the insured for a loss we cover under
Coverages A or B of this Coverage Part, our
obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the other
insurance, whether primary, excess,
contingent or on any other basis:
1) Your Work
That is Fire, Extended Coverage, Builder's
Risk, Installation Risk or similar coverage
for "your work";
2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you or
temporarily occupied by you with
permission of the owner;
3) Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
property damage" to premises rented to
you or temporarily occupied by you with
permission of the owner;
4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or
use of aircraft, "autos" or watercraft to the
extent not subject to Exclusion g. of
Section I - Coverage A - Bodily Injury And
Property Damage Liability;
5) Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property damage"
to borrowed equipment or the use of
elevators to the extent not subject to
Exclusion j. of Section I - Coverage A -
Bodily Injury And Property Damage
Liability;
6) When You Are Added As An Additional
Insured To other Insurance
Any other insurance available to you
covering liability for damages arising out
of the premises or operations, or products
and completed operations, for which you
have been added as an additional insured
by that insurance; or
7) When You Add others As An
Additional Insured To This Insurance
Any other insurance available to an
additional insured.
However, the following provisions apply to
other insurance available to any person or
organization who is an additional insured
under this coverage part.
a) Primary Insurance When Required
By Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that
other insurance by the method
described in c. below.
b) Primary And Non -Contributory To
Other Insurance When Required By
Contract
If you have agreed in a written
contract, written agreement, or permit
that this insurance is primary and non-
contributory with the additional
insured's own insurance, this insurance
is primary and we will not seek
contribution from that other insurance.
HG 00 01 09 16
Exhibit A
31/41
EXHIBIT A
Page 34 of 44
Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an additional
insured.
When this insurance is excess, we will have
no duty under Coverages A or B to defend
the insured against any "suit"' if any other
insurer has a duty to defend the insured
against that "suit". If no other insurer defends,
we will undertake to do so, but we will be
entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the
sum of:
1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the Declarations
of this Coverage Part.
c. Method Of Sharing
If all of the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach each
insurer contributes equal amounts until it has
paid its applicable limit of insurance or none
of the loss remains, whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer's share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
5. Premium Audit
a. We will compute all premiums for this
Coverage Part in accordance with our rules
and rates.
b. Premium shown in this Coverage Part as
advance premium is a deposit premium only.
At the close of each audit period we will
compute the earned premium for that period
and send notice to the first Named Insured.
The due date for audit and retrospective
premiums is the date shown as the due date
on the bill. If the sum of the advance and
audit premiums paid for the policy period is
greater than the earned premium, we will
return the excess to the first Named Insured.
c. The first Named Insured must keep records of
the information we need for premium
HG 00 0109 16
computation, and send us copies at such
times as we may request.
6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
1) The statements in the Declarations are
accurate and complete,
2) Those statements are based upon
representations you made to us; and
3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose Hazards
If unintentionally you should fail to disclose all
hazards relating to the conduct of your
business that exist at the inception date of
this Coverage Part, we shall not deny
coverage under this Coverage Part because
of such failure.
7. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned in
this Coverage Part to the first Named Insured,
this insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
claim is made or "suit" is brought.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or part
of any payment, including Supplementary
Payments, we have made under this
Coverage Part, those rights are transferred to
us. The insured must do nothing after loss to
impair them. At our request, the insured will
bring "suit" or transfer those rights to us and
help us enforce them.
b. Waiver Of Rights Of Recovery (Waiver Of
Subrogation)
If the insured has waived any rights of
recovery against any person or organization
for all or part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, we also waive that
right, provided the insured waived their rights
of recovery against such person or
organization in a contract, agreement or
permit that was executed prior to the injury or
damage.
9. When We Do Not Renew
If we decide not to renew this Coverage Part, we
will mail or deliver to the first Named Insured
shown in the Declarations written notice of the
Exhibit A
32/41
EXHIBIT A
Page 35 of 44
POLICY NUMBER: 57UUNFP6329 COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other
provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include any subsidiary that is an
insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
a) That is a partnership or joint
venture,
b) That is an "insured" under any other
policy,
c) That has exhausted its Limit of
Insurance under any other policy, or
d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
B. Employees as Insureds
Paragraph A.1. - WHO 1S AN INSURED - of
SECTION 11 - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section 11 - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
auto" is leased to you under a written
agreement if:
1) The agreement requires you to
provide direct primary insurance for
the lessor and
2) The "auto" is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
auto" you hire.
D. Additional Insured if Required by Contract
1) Paragraph A.1. - WHO IS AN INSURED
of Section 11 - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of who Is An
Insured with regard to the
ownership, maintenance or use of a
covered "auto."
C 2411, The Hartford (includes copyrighted material
Form HA 99 16 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5
Exhibit A
33/41
EXHIBIT A
Page 36 of 44
The insurance afforded to any such E. Primary and Non -Contributory if
additional insured applies only if the Required by Contract
bodily injury" or "property damage" Only with respect to insurance provided to
occurs: an additional insured in 1.D. - Additional
1) During the policy period, and Insured If Required by Contract, the
2) Subsequent to the execution of such following provisions apply:
written contract, and 3) Primary Insurance When Required By
3) Prior to the expiration of the period Contract
of time that the written contract This insurance is primary if you have
requires such insurance be provided agreed in a written contract or written
to the additional insured. agreement that this insurance be
2) How Limits Apply primary. If other insurance is also
primary, we will share with all that other
If you have agreed in a written contract insurance by the method described in
or written agreement that another Other Insurance 5,d.
person or organization be added as an
additional insured on your policy, the 4) Primary And Non -Contributory To Other
most we will pay on behalf of such Insurance When Required By Contract
additional insured is the lesser of: If you have agreed in a written contract
a) The limits of insurance specified in or written agreement that this insurance
the written contract or written is primary and non-contributory with the
agreement; or additional insured's own insurance, this
b) The Limits of insurance shown in
insurance is primary and we will ncontributionfromthatother
the Declarations.
insurance.
Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other
in addition to Limits of Insurance shown insurance to which the additional insured
in the Declarations and described in this has been added as an additional insured.
Section.
When this insurance is excess, we will have no
3) Additional Insureds Other Insurance
duty to defend the insured against any "suit" if
If we cover a claim or "suit" under this any other insurer has a duty to defend the
Coverage Part that may also be covered insured against that "suit". If no other insurer
by other insurance available to an defends, we will undertake to do so, but we will
additional insured, such additional be entitled to the insured's rights against all
insured must submit such claim or "suit" those other insurers.
to the other insurer for defense and When this insurance is excess over other
indemnity. insurance, we will pay only our share of the
However, this provision does not apply amount of the loss, if any, that exceeds the sum
to the extent that you have agreed in a of:
written contract or written agreement
1) The total amount that all such other
that this insurance is primary and non- insurance would pay for the loss in the
contributory with the additional insured's absence of this insurance; and
own insurance.
2) The total of all deductible and self-insured
4} Duties in The Event Of Accident, Claim, amounts under all that other insurance.
Suit or Loss
We will share the remaining loss, if any, by the
If you have agreed in a written contract method described in Other Insurance 5.d.
or written agreement that another
person or organization be added as an 2• AUTOS RENTED BY EMPLOYEES
additional insured on your policy, the Any "auto" hired or rented by your "employee"
additional insured shall be required to on your behalf and at your direction will be
comply with the provisions in LOSS considered an "auto" you hire.
CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended
EVENT OF ACCIDENT, CLAIM , SUIT by adding the following:
OR LOSS — OF SECTION IV —
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
@ 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 2 of 5
Exhibit A
34/41
EXHIBIT A
Page 37 of 44
If an "employee's" personal insurance also 5.
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
be primary to the "employee's" personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION 11 - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in -force covering all of your
if
Coverage is excess over any, other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
auto" is:
1) $100,000;
2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
if
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph AA.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
1,000.
6. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.
7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following.-
Exclusions
ollowing:
Exclusions 4.c. and 4.d. do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that, at the time of "loss",
is:
1) Permanently installed in or upon
the covered "auto";
2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
C 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 3 of 5
Exhibit A
35/41
EXHIBIT A
Page 38 of 44
4) Necessary for the normal
operation of the covered "auto" or
the monitoring of the covered
auto's" operating system.
b.Section III — Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
1) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
2) Removable from a permanently
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
3) An integral part of such equipment.
c. For each covered "auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $250, whichever deductible is
less.
9. EXTRA EXPENSE - BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
auto" to you.
10. GLASS REPAIR -WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LUSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident" applies only when the "accident" is
known to:
1) You, if you are an individual;
2) A partner, if you are a partnership,
3) A member, if you are a limited liability
company; or
4) An executive officer or insurance manager, if
you are a corporation.
13. UNINTENTIONAL FAILURE To DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO) - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
insured's" responsibility to pay damages for
bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION
glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY
11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV -
Under Paragraph D. - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by
III - PHYSICAL DAMAGE COVERAGE, the adding the following:
following is added:
C 2011, The Hartford (Includes copyrighted material
Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 4 of 5
Exhibit A
36/41
EXHIBIT A
Page 39 of 44
We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFI N ITIONS is replaced by the following:
Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
18. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non -hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.lf the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non -hybrid" auto's
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c. Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
loss" is $10, 000.
For the purposes of the coverage provision,
a.A "non -hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
0 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.) Page 5 of 5
Exhibit A
37/41
EXHIBIT A
Page 40 of 44
BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different
date is indicated below.
The following" attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy).
This endorsement, effective 12:01 AM 07101/2019 forms a part of Policy No. WC 624-99-259
Issued to Construction Testing Services, Inc.
By Commerce & Industry Insurance Company
We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against any person or organization with whom you have a written contract that requires you to obtain this agreement
from us, as regards any work you perform for such person or organization.
The additional premium for this endorsement shall be 2 % of the total estimated workers compensation premium for
this policy.
WC 04 03 61
Ed. 11-90)
Exhibit A
38/41
EXHIBIT A
Page 41 of 44
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different
date is indicated below.
This endorsement, effective on 12:01 AM 07/0112019 forms a part of Policy No. WC 624-99-260
Issued to Construction Testing Services, Inc.
By Commerce & Industry Insurance Company
We have the right to recover our payments from anyone liable for any 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 any one not named in the Schedule.
Schedule
ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE
ENTERED INTO A CONTRACT, A CONDITION OF WHICH
REQUIRES YOU TO OBTAIN THIS WAIVER FROM US. THIS
ENDORSEMENT DOES NOT APPLY TO BENEFITS OR DAMAGES
PAID OR CLAIMED:
1. PURSUANT TO THE WORKERS' COMPENSATION OR
EMPLOYERS' LIABILITY LAWS OF KENTUCKY, NEW
HAMPSHIRE, OR NEW JERSEY; OR,
2. BECAUSE OF INJURY OCCURRING BEFORE YOU ENTERED
INTO SUCH A CONTRACT.
This form is not applicable in Kansas for private construction contracts as defined in K. S.A. 16-1801 through K.S.A.
16-1807 or public construction contracts as defined in K.S.A. 16-1901 through 16-1908, except where permitted by
statue or other applicable law, such as for use in wrap-up insurance programs.
Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute
a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of
subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover
from others (subrogation) rule in our manual.
This form is not applicable in California, Kentucky, New Hampshire, New Jersey, Texas or Utah.
WC 00 03 13
Ed. 04/84)
Exhibit A
39/41
EXHIBIT A
Page 42 of 44
CONSTRUCTION
TESTING SERVICES SIR QUESTIONNAIRE
General Liability Insurance — Self -Insured Retention (SIR) Questionnaire
1. Do you have Self -Insured Retention (SIR) related to the liability coverage? If so, how
much is it?
CTS does not have a SIR for general liability coverage
2. Do you have a deductible related to the liability coverage? If so, hove much is it?
CTS does not have a deductible for general liability coverage
3. Does your insurance have a provision stating that no one else can pay the deductible except
the contractor?
N/A
4. Does the insurance agreement permit the City as an additional insured to pay the amount of
the SIR or deductible if the contractor does not?
N/A
k-._
I
3/ ID 1 2-02
Aaren Solis Da e
Vice President of Business Development
SAN FRANCISCO: 50 California Street, Suite 1500 • San Francisco, CA 94111 • Phone (415) 334-4747 9 Fax (415) 438.2357
Exhibit A
40/41
EXHIBIT A
Page 43 of 44
TAXABLE YEAR CALIFORNIA FORM
220 Withholding Exemption Certificate 590
The payee completes this form and submits it to the withholding agent. The withholding agent keeps this form with their records.
Withholding Agent Information
Name
City of South San Francisco
Payee Information
Name SSN or ITIN 2 FEIN CA Corp no. CA SOS file no.
Construction Testing Services, Inc. 94-3221709
Address (apt./ste., room, PO box, or PMB no.)
2118 Rheem Drive
City (If you have a foreign address, see instructions.) State ZIP code
Pleasanton CA 94588
Exemption Reason
Check only one box.
By checking the appropriate box below, the payee certifies the reason for the exemption from the California income tax withholding
requirements on payment(s) made to the entity or individual.
Individuals — Certification of Residency:
I am a resident of California and I reside at the address shown above. If I become a nonresident at any time, I will promptly
notify the withholding agent. See instructions for General Information D, Definitions.
Corporations:
The corporation has a permanent place of business in California at the address shown above or is qualified through the
California Secretary of State (SOS) to do business in California. The corporation will file a California tax return. If this
corporation ceases to have a permanent place of business in California or ceases to do any of the above, I will promptly notify
the withholding agent. See instructions for General Information D, Definitions.
Partnerships or Limited Liability Companies (LLCs):
The partnership or LLC has a permanent place of business in California at the address shown above or is registered with the
California SOS, and is subject to the laws of California. The partnership or LLC will file a California tax return. If the partnership
or LLC ceases to do any of the above, I will promptly inform the withholding agent. For withholding purposes, a limited liability
partnership (LLP) is treated like any other partnership.
Tax -Exempt Entities:
The entity is exempt from tax under California Revenue and Taxation Code (R&TC) Section 23701 (insert letter) or
Internal Revenue Code Section 501(c) (insert number). If this entity ceases to be exempt from tax, I will promptly notify
the withholding agent. Individuals cannot be tax-exempt entities.
insurance Companies, Individual Retirement Arrangements (IRAs), or Qualified Pension/Profit-Sharing Plans:
The entity is an insurance company, IRA, or a federally qualified pension or profit-sharing pian.
California Trusts:
At least one trustee and one noncontingent beneficiary of the above-named trust is a California resident. The trust will file a
California fiduciary tax return. If the trustee or noncontingent beneficiary becomes a nonresident at any time, I will promptly
notify the withholding agent.
Estates — Certification of Residency of Deceased Person:
I am the executor of the above-named person's estate or trust. The decedent was a California resident at the time of death.
The estate will file a California fiduciary tax return.
Nonmilitary Spouse of a Military Servicernernber:
I am a nonmilitary spouse of a military servicemember and I meet the Military Spouse Residency Relief Act (MSRRA)
requirements. See instructions for General Information E, MSRRA.
CERTIFICATE OF PAYEE: Payee must complete and sign below.
To learn about your privacy rights, how we may use your information, and the consequences for not providing the requested information
go to ftb.ca.gov/forms and search for 1131. To request this notice by mail, call 800.852.5711.
Under penalties of perjury, I declare that I have examined the information on this form, including accompanying schedules and
statements, and to the best of my knowledge and belief, it is true, correct, and complete. I further declare under penalties of perjury that
if the facts upon which this form are based change, I will promptly notify the withholding agent.
Type or print payee's n
Payee's signature 111P
title Patrick Greenan, President Telephone (925) 462-5151
Date 3/6/2020
7061203 Form 590 2019
Exhibit A
41/41
EXHIBIT A
Page 44 of 44