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2400 – Geo-Advantec, Inc. – Residential Street Resurfacing And Concrete Improvements Project No. 21035PROFESSIONAL SERVICES AGREEMENT GEOTECHNICAL MONITORING AND MATERIALS TESTING AND INSPECTION SERVICES RESIDENTIAL STREET RESURFACING AND CONCRETE IMPROVEMENTS PROJECT No. 21035 GEO-ADVANTEC, INC. 1. PARTIES AND DATE. This Agreement is made and entered into this 17th Day of January 2024 (Effective Date) by and between the City of Rosemead, a municipal organization organized under the laws of the State of California with its principal place of business at 8838 E. Valley Blvd., Rosemead, California 91770 ("City") and Geo-Advantec, Inc. with its principal place of business at 457 W. Allen Avenue, Suite 113 San Dimas, CA 91773 ("Consultant'). City and Consultant are sometimes individually referred to herein as "Party" and collectively as 'Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing geotechnical monitoring and materials testing and inspections consulting services to public clients, is licensed in the State of California and is familiar with the plans of City. 2.2 Project. City desires to engage Consultant to render such ongoing professional Residential Street Resurfacing and Concrete Improvements Project ("Services") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. Geo-Advantec, Inc. Page 2 of 19 3.1.1 General Scope of Services: Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Geotechnical Monitoring and Materials Testing and Inspection Services necessary for the Project, herein referred to a "Services". The Services are more particularly described in Exhibit A attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be for a six (6) month period from the Effective Date shown unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. 3.2 Responsibilities of Consultant. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.2.2 Schedule of Services: Consultant shall perform the Services expeditiously, within the term of this Agreement. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. Geo-Advantec, Inc. Page 3 of 19 3.2.3 Conformance to Applicable Requirements: All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel: Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. 3.2.5 City's Representative: The City hereby designates the City Manager, or his or her designee, to act as its representative for the performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Agreement. Consultant shall not accept direction or orders from any person other than the City's Representative or his or her designee. 3.2.6 Consultant's Representative: Consultant hereby designates Lisa Anderson or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her professional skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services: Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees: Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant represents that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City business License, and Geo-Advantec, Inc. Page 4 of 19 that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. 3.2.9 Laws and Regulations: Consultant shall keep itself fully informed of and in compliance with applicable local state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any liability to the extent found to be arising out of any failure to comply with such laws, rules or regulations. 3.2.10 Insurance: Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit B attached to and part of this agreement. 3.2.11 Safety: Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.3 Fees and Payments. 3.3.1 Compensation: Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement and shall not exceed Sixteen Thousand and Forty Dollars ($16,040) and in accordance with consultant's proposal dated December 27th, 2023. Consultant's proposal is hereby incorporated and found in Exhibit "A". Extra Work may be authorized in writing, as Geo-Advantec, Inc. Page 5 of 19 described below, and will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation: Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 30 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses: Consultant shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work: At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative. 3.3.5 Prevailing Wages: Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws to the extent they are applicable to Consultant. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft; classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection: Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make Geo-Advantec, Inc. Page 6 of 19 transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination: City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination: If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents/ Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services: In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices: All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONSULTANT CITY: Geo-Advantec, Inc. 457 W. Allen Avenue, Suite 113 San Dimas, California 91773 Attn: Lisa Anderson Tel: (909) 315-5751 City of Rosemead 8838 Valley Boulevard Rosemead, CA 91770 Attn: Ben Kim Geo-Advantec, Inc. Page 7 of 19 Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours by certified mail or deposit in the U.S. Mail, first-class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Ownership of Materials and Confidentiality. 3.5.3.1 Documents & Data; Licensing of Intellectual Property: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. The Documents & Data are intended for use solely with respect to the project for which they were prepared. Any reuse or modification by City shall be at City's sole risk. 3.5.3.2 Confidentiality: All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5.4 Cooperation; Further Acts: The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. Geo-Advantec, Inc. Page 8 of 19 3.5.5 Attorney's Fees: If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all costs of such action as part of prevailing party's total damages as determined by court of competent jurisdiction or as agreed upon by the parties in settlement. 3.5.6 Indemnity and Defense. a. Indemnity and Defense To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel's fees and costs, to the extent caused by the negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of services under this agreement. Consultant's duty to indemnify and hold harmless Agency shall not extend to the Agency's sole or active negligence. b. Duty to Defend In the event the Agency, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this agreement, and upon demand by Agency, Consultant shall defend the Agency at Consultant's cost or at Agency's option, to reimburse Agency for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by Consultant's negligent acts, errors or omissions. Payment by Agency is not a condition precedent to enforcement of this provision. In the event of any dispute between Consultant and Agency, as to whether liability arises from the sole or active negligence of the Agency or its officers, employees, or agents, Consultant will be obligated to pay for Agency's defense until such time as a final judgment has been entered adjudicating the Agency as solely or actively negligent. In no event shall the cost to defend charged to the design professional exceed the design professional's proportionate percentage of fault. 3.5.7 Entire Agreement: This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. Geo-Advantec, Inc. Page 9 of 19 3.5.8 Governing Law: This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.9 Time of Essence: Time is of the essence for each and every provision of this Agreement. 3.5.10 City's Right to Employ Other Consultants: City reserves right to employ other consultants in connection with this Project. 3.5.11 Successors and Assigns: This Agreement shall be binding on the successors and assigns of the parties. 3.5.12 Assignment or Transfer: Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.13 Construction; References; Captions: Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.5.14 Amendment; Modification: No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.15 Waiver: No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.16 No Third Party Beneficiaries: There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Geo-Advantec, Inc. Page 10 of 19 3.5.17 Invalidity; Severability: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.18 Prohibited Interests: Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.19 Equal Opportunity Employment: Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.20 Labor Certification: By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.21 Authority to Enter Agreement: Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Parry. 3.5.22 Counterparts: This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. Geo-Advantec, Inc. Page 11 of 19 3.6.1 Prior Approval Required: Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [Signatures on next Page] Geo-Advantec, Inc. Page 12 of 19 CITY OF ROSEMEAD Geo-Advantec, Inc. By. Ben Kim ity Manager ate Name: Shawn Ariannia Attest: Title: President Ericka Hernandez, City Clerk Date [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: By: dL 42 n Name: Lisa Anderson Rachet Richman Date City Attorney Title: Secretary Geo-Advantec,Inc. Page 13 of 19 EXHIBIT A SCOPE OF SERVICES/ RATE SCHEDULE Geotechnical Engineering Earthquake Engineering Inspection and Testing Engineering Geology PROPOSAL FOR GEOTECHNICAL MONITORING AND MATERIALS TESTING AND INSPECTION SERVICES PROJECT: Residential Street Resurfacing and Concrete Improvements Project No. 21035 City of Rosemead, California FOR: 05-44 City of Rosemead 8838 E. Valley Blvd. Rosemead, California 91770 PREPARED BY: GEO-ADVANTEC, INC. 457 W. ALLEN AVENUE, SUITE 113 SAN DIMAS, CALIFORNIA 91773 PROPOSAL NO. 23-1313 R.03 JANUARY 212024 Czen_AdvantPIP- Unll Geotechnical Engineering. Earthquake Engineering. Engineering Geology Mr. Albert Leung, PE January 2, 2024 City Engineer Proposal No. 23-1313_R.03 City of Rosemead 8838 E. Valley Blvd. Rosemead, CA 91770 Subject: Proposal for Geotechnical Monitoring and Materials Testing and Inspection Services for the Residential Street Resurfacing and Concrete Improvements, Project No. 21035 City of Rosemead Rosemead, California Dear Mr. Leung: Geo-Advantec, Inc., (GAI) appreciates the opportunity of submitting this proposal to provide the City of Rosemead (City) with all the required geotechnical and materials special inspection services for the construction of the subject project. GAI ensures that our services will meet the requirements of applicable codes, regulations, ordinances, guidelines, and project documents. Included in this submittal is our understanding of the project, a breakdown of the estimated budget for the inspection and testing services, our hourly rates, the company's master schedule of rates and terms and conditions for this project. We look forward to the opportunity to work with the City on this and future upcoming projects. Should you have any questions, please do not hesitate to contact the undersigned at (909) 305- 0400 or LAnderson@GeoAdvantec.com. Respectfully Submitted, Geo-Advantec, Inc. siz� D— Dry\" Lisa Anderson, MBA Vice President/Marketing and Business Development 1. PROJECT UNDERSTANDING At the time of preparation of this proposal, the following documents have been provided for our review and use: • A set of plans prepared by the City of Rosemead, sheets 1 to 6, undated. Based on the review performed on the provided document, it is our understanding that the project involves the resurfacing of various streets in the City of Rosemead. The project will include the grind and overlay of 1.5 inches of the existing asphalt and some subgrade preparation below the cross gutters. Our scope will include the following: • Provide field monitoring, testing, and inspection for the improvement works. • Perform laboratory tests on asphalt and subgrade materials. • Prepare and submit daily inspection reports. During construction, GAI will provide geotechnical and materials inspection and testing and will perform continuous and periodic inspections. Our onsite presence will be based on the direction we receive from the project authorities. A construction schedule was not available for our use in preparation of our estimate and our proposed fee is being prepared by a rough quantity take -off using the provided drawings and might be subject to change. However, our service is based on time and material, and it will be provided on an on-call basis. In addition, the accuracy of the provided estimate can be affected by: • Contractor and subcontractor's efficiency and sequencing of events/work tasks. • Amount of services required by the jurisdictional agency. • Amount of calls we receive from the Client or their representative to provide our services. • Weather conditions and other unforeseen delays. 2. ESTIMATED BUDGET AND BREAKDOWN The following Table 1 provides a cost breakdown and our estimate for the outlined scope. The plans and specifications as well as the preliminary construction schedule were used to estimate the times and testing required. The unit rates are included in the table. The hourly rates for inspectors and technicians are based on prevailing wage rates. The master schedule of rates and terms and conditions for our company is provided in Appendix A of this submittal. GAI's estimate is based on the documents we received and our experience with similar projects. The real construction schedule may differ from what we have assumed. The provided fee and estimate are for budgetary purposes and might be subject to change. The total estimated cost of our services is $16,040. Proposal No. 23-1313_R.03 Geo-Advantec, Inc. Page 2 of 3 January 2, 2024 Table 1. Cost Breakdown for the Residential Street Resurfacing and Concrete Improvements Description Quantity Unit Unit Rate Total Amount GEOTECHNICAL MONITORING Soil Technician / Field Engineer 104 Hours 120.00 12,480.00 Nuclear Gauge 13 Days 50.00 650.00 Laboratory Tests 1 Sum 1,200.00 1,200.00 Administration 5 Hours 60.00 300.00 SUBTOTAL 14,630.00 HOT MIX ASPHALT TESTING Extraction, % Asphalt, including Gradation 1 Each 390.00 390.00 Compacted Maximum Density - MARSHALL 1 Each 220.00 220.00 Senior Engineer/Plans, Reports, Test Results Review, Submittal Reviews 4 Hours 175.00 700.00 Mix Reviews 1 Each 100.00 100.00 TOTAL ESTIMATED FEES FOR HOT MIX ASPHALT TESTING 1,410.00 TOTAL ESTIMATED FEES FOR MATERIALS INSPECTION AND TESTING $16,040.00 3. INVOICING AND PAYMENT TERMS The Client agrees invoices rendered for professional or technical services will be prepared monthly and are due upon presentation. Invoices will be deemed past due if unpaid within thirty (30) days from the date of invoice. GAI reserves the right to terminate services to the Client without notice if the Client's account is not paid currently. Upon such termination of services, the entire amount accrued for all services performed shall immediately become due and payable to GAI. The Client waives any and all claims against GAI, its subsidiaries, affiliates, servants, and agents in connection with the termination of work/services pursuant to this agreement. Proposal No. 23-1313R.03 Geo-Advantec, Inc. Page 3 of 3 January 2, 2024 APPENDIX A Master Schedule of Rates and Terms and Conditions Proposal No. 23-1313_R.03 Geo-Advantec, Inc. Appendices ENGINEERING SERVICES ENGINEERING AND PROFESSIONAL SERVICES Principal Geotechnical Engineer/Principal Engineering Geologist $ 225.00 Per Hour Senior Geotechnical Engineer/ Senior Engineering Geologist/Senior Registered Engineer $ 175.00 Per Hour Registered Civil Engineer $ 175.00 Per Hour Project Manager $ 135.00 Per Hour Staff Engineer/Staff Geologist/Field Engineer $ 135.00 Per Hour Administration $ 60.00 Per Hour GIS Technician $ 125.00 Per Hour Drafter/CAD Technician $ 75.00 Per Hour Principal Geologist Forensic/Field and Office $ 300.00 Per Hour Principal Geotechnical Engineer Forensic (Field and Office) $ 350.00 Per Hour Senior Engineer Forensic (Field and Office) $ 250.00 Per Hour Field Engineer Forensic $ 200.00 Per Hour Principal Geotechnical Engineer and Geologist Expert Witness and Litigation Tasks $ 350.00 Per Hour Senior Geotechnical Engineer/Senior Registered Engineer Expert Witness and Litigation Tasks $ 300.00 Per Hour Senior Hydrogeologist $ 225.00 Per Hour GEOTECHNICAL INVESTIGATIVE/PRE-CONSTRUCTION PHASE FIELD DRILLING AND TESTING 'Field Testing/Sampling Helper (Technician - Prevailing Wage) $ 120.00 Per Hour 'Surcharge of $10 per/hr. forprojects underPLAICWA agreements Drilling - Hollow Stem Auger (6-8" diameter) (subject to adjustment) $ 6000.00 Per Day Drilling - Mud Rotary Wash Drilling (subject to adjustment) $ 6500.00 Per Day Drilling - Cone Penetration Test (subject to adjustment) $ 7000.00 Per Day Coring- Pavement (Crew+ Equipment, including rapid set concrete or cold AC patching) $ 250.00 Each Core Saw -Cut - R -value Sampling (Crew + Equipment, including rapid set concrete or cold AC $ 350.00 Each Location patching) Sample Pickup (truck + driver, min. 2 hrs.) $ 75.00 Per Hour GPR Survey $ 3500.00 Per Day Percolation Test (Falling Head Method - Max. depth 15') $ 4000.00 Per Test INSPECTION SERVICES GEOTECHNICAL MONITORING DURING CONSTRUCTION TESTING AND INSPECTION SERVICES 'Soil Technician / Field Engineer (Prevailing Wage) $ 120.00 Per Hour 'Surcharge of $10 per/hr. for projects under PLAICWA agreements Soils/Materials Inspector (Regular Wage) $ 90.00 Per Hour Technician / Field Engineer - Pile and Tieback Monitoring & Inspection $ 120.00 Per Hour Deputy Grading Inspector (City of LA) $ 135.00 Per Hour Nuclear Gauge Equipment $ 50.00 Per Day MATERIALS SPECIAL INSPECTION 'Inspector/Concrete, Batch Plant Inspection $ 120.00 Per Hour 'Inspector/Masonry $ 120.00 Per Hour 'Inspector/Welding/Steellfagging & Sampling $ 120.00 Per Hour •Inspector/Post-Tension $ 120.00 Per Hour 'Inspector/Fireproofing $ 120.00 Per Hour 'Inspector/UT $ 135.00 Per Hour 'Inspector/Pull Test $ 135.00 Per Hour *Surcharge of $10 per1hr. torprojects under PLAICWA agreements REPORTS Soils (Geotechnical/Geohazard Evaluation) Report Varies - Lump Sum DSA -293 Report $ 650.00 Ea. Cert. DSA -291 Report $ 650.00 Ea. Cert. Final Grading / Compaction Report (Comprehensive -Minimum) $ 3000.00 Each Effective: January 2023 -June 2024 Geo-Advantec, Inc. Page Al of A6 Proposal No. 23-1313 Master Fee Schedule Effective: January 2023 -June 2024 Geo-Advantec, Inc. Page A2 of AS Proposal No. 23-1313 Master Fee Schedule REPORTS Pad Certificate Report/Letter $ 1500.00 Each Utility Trench Compaction Report - (Length <4000 L.F.) $ 2500.00 Each Wall Backfill Report $ 2500.00 Each Monthly Interim In -Grading Report $ 1500.00 Each Pile/Shoring Monitoring Report (Final) $ Quote Each Plan Review (Grading/ Foundation) $ 2500.00 Each Matedals Testing Final Verification Letter $ 1000.00 Each Project Laboratory Report Review Letter (Stamped) $ 750.00 Each LABORATORY TESTING SOIL AND AGGREGATE CLASSIFICATION & PHYSICAL CHARACTERISTICS ID ASTM CTM T101 D2937 CT212 Unit Weight $ 20.00 Each T102 D4829 Expansion Index $ 125.00 Each T103 C117, D1140 Finer than #200 Wash $ 50.00 Each T104 D422, C136 CT202 Sieve Analysis- Coarse & Fine Including wash $ 150.00 Each T105 D422, C136 CT202 Sieve Analysis- Coarse Aggregate $ 125.00 Each T106 D422, C136 CT202 Sieve Analysis- Fine Including Wash $ 125.00 Each T107 D422 CT203 Particle -Size Distribution - Sieve Analysis + $ 200.00 Each Hydrometer Combined T108 D422 CT203 Hydrometer Analysis only $ 125.00 Each T109 D4318 CT204 Atterberg Limits LL, PL, & PI of Soils $ 125.00 Each T110 D2435 Consolidation (without Time Rate) $ 185.00 Each T111 D2419 CT217 Sand Equivalent Value of Soil and Fine Aggregate $ 100.00 Each Set (Set of Three) T112 C127 CT206 Speck Gravity and Absorption (Coarse $ 90.00 Each Aggregate) T113 C127 CT206 Absorption Only, Coarse Aggregate $ 65.00 Each T114 C128 CT207 Specific Gravity and Absorption (Fine Aggregate) $ 160.00 Each T115 C128 CT207 Absorption Only, Fine Aggregate $ 90.00 Each T116 APSHTO CT209 Speck Gravity (Soil) by Hydrometer (Water $ 140.00 Each T100 Pycnometer) T117 D2216 CT226 Water Moisture Content $ 20.00 Each T118 D3080 Direct Shear (3 Points) $ 250.00 Each T119 D3080 Direct Shear Remolded sample (3 points) $ 300.00 Each T120 D1557 -A, B Maximum Density 4 in. Mold Passing No.4 or 3/8 $ 150.00 Each in. Sieve T121 D1557 -C Maximum Density 6 in. Mold Passing 3/4 in. Sieve $ 160.00 Each T122 D2166 CT221 Unconfined Compressive Strength of Cohesive $ 150.00 Each Soil T123 D2844 CT301 R -Value, Untreated Material (3 Points) $ 300.00 Each T124 D2844 CT301 R -Value, Treated Material $ 325.00 Each T125 D4791 CT235 Flat and Elongated Particles $ 250.00 Each T126 D3744 CT229 Durability Index (fine and coarse) in Aggregate $ 250.00 Each T127 D3744 CT229 Durability Index (fine or coarse) in Aggregate $ 160.00 Each T128 C142 Clay Lumps and Friable Particles in Aggregate $ 150.00 Each Effective: January 2023 -June 2024 Geo-Advantec, Inc. Page A2 of AS Proposal No. 23-1313 Master Fee Schedule SOIL AND AGGREGATE CLASSIFICATION & PHYSICAL CHARACTERISTICS ID ASTM CTM T129 C40 CT213 Organic Impurities in Fine Aggregates for Concrete $ 70.00 Each T130 D5821 CT205 Percentage of Crushed Particles $ 180.00 Each T131 C131 CT211 Los Angeles Rattler Test, (Abrasion up to 1-1/2") $ 250.00 Each T132 C535 CT211 Los Angeles Rattler Test, (Abrasion Large -up to 2- $ 290.00 Each 1/2") T133 C88 CT214 Sodium/Magnesium Sulfate Soundness of $ 340.00 Each Aggregate, 5 -cycles T134 CT216 Relative Compaction of Soils & Aggregates using $ 210.00 Each California Impact Apparatus T135 CT227 Cleanness Value of Coarse Aggregate $ 190.00 Each T136 D558 Moisture -Density Relations of Soil -Cement $ 160.00 Each Mixtures T137 D1633 -A Compressive Strength of Molded Soil -Cement $ 55.00 Each Cylinders using 4 in. Mold T138 D4546 One -Dimensional Swell or Collapse of Soils $ 120.00 Each T139 Shelby Tube Cuffing, Remolding or Trimming $ 30.00 Each Specimens for testing T140 D1883 California Bearing Ratio, Maximum Density test $ 600.00 Each separate charge T141 D2435 Consolidation (with time rate for 2 loads) $ 240.00 Each T142 HTO CT234 Fine Aggregate Angularity $ 220.00 Each TA T143 D2850 Unconsolidated -Undrained Triaxial Compression $ 165.00 EacEachh CHEMICAL PROPERTIES OF SOILS ID CTM T190 CT643 Resistivity $ 75.00 Each T191 CT643 pH $ 50.00 Each T192 EPA 300.0 Sulfate Content $ 65.00 Each T193 EPA 300.0 Chloride Content $ 65.00 Each CT643 T194 EPA 300.0 Corrosivity Series $ 200.00 Each EPA 300.0 CONCRETE ID ASTM CTM T201 C39 CT521 Compression Tests, 6x12 and/or 4x8 Cylinders, $ 35.00 Each including Holds T202 C495 Compression, Lightweight Insulating Concrete $ 120.00 Each T203 C42, C39 Concrete Cores Compression Test (excludes $ 80.00 Each sampling) T204 C42 Drilling Cores from Shotcrete Panel (Lab) $ 110.00 Each T205 C109 C515 Compression, 2"x2"x2" Cube Specimen $ 55.00 Each T206 C496 Splitting Tensile Strength 6"02" Cylinder $ 130.00 Each T207 C78 CT523 Flexural Strength Test (6"x6"x2l" Beam) $ 135.00 Each T208 C157 Drying Shrinkage (Set of 3 bars, 4 readings, up to $ 460.00 Each set 90 -days) T209 C39 Unit Weight of Concrete Cylinders $ 50.00 Each T210 Review Existing Mix Design $ 100.00 Each Effective: January 2023 -June 2024 Geo-Advantec, Inc. Page A3 of AS Proposal No. 23-1313 Master Fee Schedule Geotxhnimi E.ngineerinR earthquake Engin rdng. Engineering GMoW CONCRETE ID ASTM CTM T211 Drilling Cores from Shotcrete Panel (Field) $ 200.00 Each MATERIALS TESTING ID ASTM CTM UBC T301 D2216 7-6 Fireproofing Density Test $ 50.00 Each T302 Mechanically Spliced Reinforcing Tensile Test up $ 300.00 Each to size No. 11 T303 A416 Pre -Stress Still Strand (7 wire) $ 350.00 Each T304 A615, A706 Reinforcing Tensile or Bend Up to No.B $ 65.00 Each T305 A615, A706 Reinforcing Tensile or Bend No.9 to 11 $ 90.00 Each T306 A615, A706 Reinforcing Tensile or Bend No.11 to 14 $ 205.00 Each T307 N/A Welding Procedure Review $ 100.00 Each T308 F606 Anchor Bolts, Studs, or Threaded Rods Tensile $ 200.00 Each Test under 100,000 Ibf T309 F606,173125 Bolt A325 or A490 Wedge Tensile and Hardness up to %" $ 130.00 Each T310 F606, F3125 Bolt A325 or A490 Wedge Tensile up to 1-1/8" in $ 195.00 Each diameter, and Hardness T311 F606, F3125 Bolt A325 or A490 Wedge Tensile up to 1-1/4" in $ 200.00 Each diameter, and Hardness T312 F606, F3125 Bolt A325 or A490 Wedge Tensile up to 1-3/8" in $ 215.00 Each diameter, and Hardness T313 F606, F3125 Bolt A325 or A490 Wedge Tensile up to 1-1/2" in $ 240.00 Each diameter, and Hardness T314 F606, A194 Nut - Hardness and Proof Load under 100,000 Ibf $ 55.00 Each T315 F606, A194 Nut- Hardness and Proof Load Test 100,000- $ 65.00 Each 120,000 bf T316 F436 Washer- Hardness $ 40.00 Each HOT MIX ASPHALT TESTING ID ASTM CTM T401 D1561 CT304 Laboratory Test Maximum Density (LTMD), Hveem $ 280.00 Each T402 D1560 CT304, CT366 Stabilometer Value $ 330.00 Each T403 CT305 Stability - Swell $ Quote Each T404 CT308 Specific Gravity & Density of Core $ 80.00 Each T405 D2041 CT309 Theoretical Maximum Specific Gravity & Density $ 200.00 Each (Rice) T406 CT370 Moisture Content by Microwave Oven $ 60.00 Each T407 D5444 CT202 Sieve Analysis of Extracted Aggregate Sample $ 150.00 Each T408 C136 CT202 Sieve Analysis of Bin Aggregate Sample, each $ 60.00 Each T409 C136 CT202 Sieve Analysis of Combined Aggregate Sample $ 200.00 Each T410 D6307 CT382 Asphalt Content by Ignition Oven (Bitumen $ 200.00 Each Content) T411 D6307 CT382 Asphalt Content by Ignition Oven (Correction $ 300.00 Each Factor) T412 D1188 CT308 Unit Weight- Coated, Molded Specimen or Cores $ 80.00 Each T413 D2726' D6926 Maximum Densi Compacted P ty-MARSHALL $ 220.00 Each T414 D2172 Extraction, % Asphalt (Reflux) including wash and $ 390.00 Each solvent charge T415 D2216 CT226 Emulsion Moisture Content by Oven $ 50.00 Each Effective: January 2023 -June 2024 Geo-Advantec, Inc. Page A4 of A6 Proposal No. 23-1313 Master Fee Schedule HOT MIX ASPHALT TESTING ID ASTM CTM T416 AASHTO T59 CT331 Residue by Evaporation $ 200.00 Each T417 D3910 Wet Track Abrasion Test (WTAT) $ 200.00 Each MASONRY TESTING ID ASTM UBC T501 C140 Compression Test of CMU Block (gross) $ 65.00 Each T502 C140 Absorption & Moisture Content $ 60.00 Each T503 C426 Linear Shrinkage $ 235.00 Each T504 C140 Unit Weight $ 70.00 Each T505 C140 Dimensional Measurements $ 50.00 Each T506 C140 Compression Test of Masonry Core $ 80.00 Each T507 C39, C780 21-16 Compression Test of 2" x 4" Mortar Cylinder $ 45.00 Each T508 C1314 21-17 Compression Test of Composite Prism $ 200.00 Each T509 C1019 21-18 Compression Test of 3" x 3" x 6" Grout $ 85.00 Each T510 CBC 2105A.4 Shear on Masonry Cores, 2 Faces, 6" or 8" Cores $ 150.00 Each T511 Saw Cutting Coupons, or trimming from Masonry $ 40.00 Each Unit T512 GPR Scanning for Reinforcement $ 290.00 Each T513 Masonry Wall Coring $ 250.00 Each T514 Masonry Wall Coring above 5 feet from floor $ 320.00 Each T515 C482 Veneer Bond Strength Shear Test -Onsite $ Quote Each MINIMUM CHARGES FOR CONSTRUCTION PHASE INSPECTIONS All technicians and inspectors are based on a minimum of four (4) hours. Over four hours shall be a minimum of eight (8) hours for inspectors. If an inspector or technician is scheduled to perform a service and no work is performed, two (2) hours for soils technicians and four (4) hour charge for material inspectors will apply and referred to as a show -up charge. TRAVEL & MILEAGE No travel time and mileage costs for engineering staff and materials/special inspection personnel. Per the regulations of Department of Industrial Relations (DIR-Public Works Manual 2016), for soils technicians performing construction inspection and testing carrying a nuclear gauge device travel time will be charged at contractual rate, from GAI's closest office and for round trip drive time (Portal to Portal). For regular/non-prevailing jobs, a round-trip mileage cost equal to $0.75 per mile, calculated from GAI's office to the project site, will be charged. The travel time and mileage fee may be subject to change per the negotiation with the client and written approval. SCHEDULING & CANCELLATIONS • A 24-hour notice is required when scheduling an inspection or technician. For same day scheduling and for after 3:00 pm the preceding day, the inspector/technician will be deployed to the site if a technician is available. PREVAILING WAGE • Our rates will increase proportionally every July 1 in accordance with the wage listed by the Department of Industrial Relations which is tied to Operating Engineers Local 12 documented annual increases plus corresponding changes in our general administration and overhead expenses. These adjustments shall become agreed upon basis for charges by GAI to Client. LABORATORY TESTING Effective: January 2023 -June 2024 Geo-Advantec, Inc. Page A5 of A6 Proposal No. 23-1313 Master Fee Schedule Geotechnical Engineering. Eanhquake Engineering. Engineering Gmim • A sample pick-up charge of 2 -hour minimum with an hourly rate of $75 will be billed in addition to the prices quoted. • Material samples will be discarded after testing, unless notification by Client has been made to GAI's laboratory prior to testing. If Client requires samples be retrieved after testing or stored at GAI's laboratory for an extended duration of time, arrangements can be made at no additional cost to the client. TERMS OF PAYMENT • Invoices shall be deemed delinquent if not paid within thirty (30) days from date of invoice and will be subject to an additional charge of 1.5% of the unpaid balance for each month of delay. GAI reserves the right to terminate its services to Client without notice if all invoices are not paid currently. In case of service termination, the entire amount accrued for all services performed shall immediately become due and payable. Client waives any, and all claims against GAI, its subsidiaries, affiliates, servants, and agents, for termination of work pursuant to this paragraph. Effective: January 2023 -June 2024 Geo-Advantec, Inc. Page A6 of A6 Proposal No. 23-1313 Master Fee Schedule Geo-Advantec, Inc. Page 14 of 19 EXHIBIT B INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured's liability is G eo-Adva ntec, Inc. Page 15 of 19 determined, not requiring actual payment by the insured first. There shall be no cross - liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $1 Million per occurrence. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend the Named Insured. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third -party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 (or otherwise consistent with the insurer's endorsement). Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Geo-Advantec, Inc. Page 16 of 19 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period} that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. A ten (10) day notice to City shall apply to nonpayment of premiums. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage (except Professional Liability and Workers' Compensation) required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self-insurance available to City. Geo-Advantec, Inc. Page 17 of 19 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this Geo-Advantec, Inc. Page 18 of 19 obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Geo-Advantec,Inc. Page 19 of 19 Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. / 1 ® AC<>Rb CERTIFICATE OF LIABILITY INSURANCE 11i DATE(MMIDD/YYVYI I avzs/2oza THIS CERTIFICATE IS ISSUED ASA 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 CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Cornerstone Specialty Insurance Services, Inc. 14252 Culver Drive, A299 Irvine CA 92604 CONTACT Tina Cowie NAME: nHico Nc (714) 731-7700 F.AX vol: (714) 731-7750 -MAIL Lina@comerstonespecialty Com ADDRESS: INSURERS) AFFORDING COVERAGE NAG % INSURER A: Continental Casualty Company 20443 INSURED GEO-ADVANTEC, INC. 457 West Allen Ave Ste 113 San Dimas CA 91773-1478 INSURER B; Natl Fire Ins. Co. of Hartford 20478 INSURERC: American Cas.Co. of Reading PA 20427 INSURER D: Beazley Ins. CO 37540 INSURER E : 1 INSURERF: COVERAGES CERTIFICATE NUMBER: 23/24 COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR rypE OF INSURANCE INSD WVD POLICY NUMBER POLICY F MMIDDIYYYY POLICY EXP MMIDD/YYYN' LIMITS Rosemead CA 91770 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 2,000,000 CLAIMS -MADE � OCCUR PREMISES Ea occumm. $ 1,000,000 MED EXP (Any one person) $ 10,000 X ADDITIONAL INSURED/P&NC A X BLNKTWVROPSUBRO 5085116874 05/25/2023 05/25/2024 PERSONAL&ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMITAPPLIES PER GENERALAGGREGATE $ 4,000,000 PRODUCTS - COMPIOPAGG $ POLICY [g PRO- ❑4,000,000 JECT LOC OTHER I$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY(Per person) $BOWNED BODILY INJURY (Per amdenp $ IANVAUTO SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY 7013121307 05/25/2023 05/25/2024 PROPERTY DAMAGE $ Rare dent 8 X UMBRELLA LIAR X OCCUR EACHOCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 AE XCESS LIAR CLAIMSMADE 6017156481 05/25/2023 05/25/2024 DED I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOREXCL DED? CUTIVE OFFICERrME(Mandatory in NH) EXCLUDED? (Mantlatory in NH) NIA 5085120908 05/25/2023 05/25/2024 X STATUTE ER E. L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 EL.DISEASE- POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below Each Claim $2,000,000 D Professional Liability Claims Made V129BB231201 05/25/2023 05/25/2024 Annual Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Rosemead is Additional Insured for General Liability but only if required by written Contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and Conditions. '30 days notice of Cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all Covered claims reported within the policy period. CERT!F!CATE HOLDER CANCFI I ATION ©1988.2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Rosemead ACCORDANCE WITH THE POLICY PROVISIONS. 8838 E. Valley Blvd. AUTHORIZED REPRESENTATIVE Rosemead CA 91770 ©1988.2016 ACORD CORPORATION. All rights reserved. ACORD 26 (2016/03) The ACORD name and logo are registered marks of ACORD NAMED INSURED: GEO-ADVANTEC, INC. CNA POLICY NUMBER: 7013121307 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED COVERAGE ENDORSEMENT - BA PLUS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.I. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2 a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 1. Which are no longer in force, or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. It. PHYSICAL DAMAGE COVERAGE A. Towing Section III. Paragraph A.2., is revised to include Light Trucks up to 10,000 pounds G.V.W. B. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. C. Transportation Expenses Section Ill, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. D. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. E. Personal Property "Policy," as used in this provision A. Who Is An The following is added to Section III, Paragraph Insured, includes those policies that were in force A.4. on the inception date of this Coverage Form but: SCA 23 500D copyright, CNA corporation, 2000. Page 1 of 3 (Ed. 10/11) Ind udes copyrighted material of the Insurance services Office used with its permission. c. We will pay up to $500 for loss to Personal Property which is: (1) Owned by an "insured"; and (2) In or on the covered "auto." This coverage applies only in the event of a total theft of your covered "auto.” This insurance is excess over any other collectible insurance and no deductible applies. F. Rental Reimbursement The following is added to Section III, Paragraph AA.: d. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto." Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 1. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto", or, (b) 15 days. 2. Our payment is limited to the lesser of the following amounts: (a) Necessary and actual expenses incurred; or, (b) $25 per day subject to a maximum of $375. 3. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 4. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. NAMED INSURED: GEO-ADVANTEC, INC. POLICY NUMBER: 7013121307 to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your "employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $75,000 whichever is less minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision will be limited to the types of physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) Include loss of use, provided it is the consequence of an "accident" for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision G.e.(1) will be subject to a limit of $750 per "accident." H. Airbag Coverage The following is added to Section III, Paragraph B.3. The accidental discharge of an airbag shall not be considered mechanical breakdown. I. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories G. Hired "Autos" d. A $100 per occurrence deductible applies The following is added to Section III. Paragraph to the coverage provided by this provision. A J. Diminution In Value 5. Hired "Autos" The following is added to Section III, Paragraph If Physical Damage coverage is provided under B.6. this policy, and such coverage does not extend SCA 23 500D Copyright, CNA Corporation, 2000. Page 2 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance services Office used with its permission. OVA Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000, or (2) 20% of the "auto's" actual cash value (ACV) III. Drive Other Car Coverage —Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision will be: (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the NAMED INSURED: GEO- ADVANTEC, INC. POLICY NUMBER: 7013121307 officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a. (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b. (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2. Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. C. Policy Period, Coverage Territory Section IV, Paragraphs 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these SCA 23 500D copyright, CNA corporation. 2000 Page 3 of 3 (Ed. 10/11) Includes copyrighted material of the Insurance Services office used with its permission. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G -19160-B (11-1997) Policy No: WC 5085120908 Endorsement Effective Date:5/25/2023 Endorsement Expiration Date:5/25/2024 Policy Page: 28 of 41 Endorsement No: 2; Page: 1 of 1 Underwriting Company: American CasualtyCompany of Reading, PA ® Copyright UNA All nights neserven. CNA INSURED: Geo-Advantec, Inc. POLICY PERIOD: 5/25/2023 - 5/25/2024 POLICY NUMBER: 5085116874 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE AND BLANKET WAIVER OF SUBROGATION / AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS 1. Blanket Additional Insured with Products -Completed Operations Coverage and Blanket Waiver of Subrogation A. Who Is An Insured is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury" or "property damage"; or b. Offense that caused the "personal and advertising injury;" for which the additional insured seeks coverage. B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to such person or organization's liability for: a. "Bodily injury", "property damage" or "personal and advertising injury to the extent caused by: (1) Your acts or omissions; or (2) Acts or omissions of those acting on your behalf; in the performance of your ongoing operations specified in the written contract; or b. "Bodily injury" or "property damage" to the extent caused by "your work" specified in the written contract or written agreement and included in the "products -completed operations hazard", but only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services, including: SB300176E (Ed. 10-19) Page 1 of 3 Copyright, CNA All Rights Reserved. a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 4. This insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3., and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis. But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional 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: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) 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. D. Additional Insured — Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are additional insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the Estates, Legal Representatives and Spouses provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person insureds. E. Blanket Waiver of Subrogation The condition entitled Transfer of Rights of Recovery Against Others To Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we SB300176E (Ed. 10-19) Page 2 of 3 Copyright, CNA All Rights Reserved. make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products -completed operations hazard." 2. Amendment -Aggregate Limits of Insurance (Per Project) A. For all sums which the insured becomes legally obligated to pay as damages caused by 'occurrences" under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project: 1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1., except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard," and for medical expenses payable under Coverage A.2. regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits. 3. Any payments made under Coverage A.1. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects. 4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You, and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate limit. B. All 1. Damages because of "personal and advertising injury", regardless of the number of construction projects involved; 2. Damages under Coverage A.1. which cannot be attributed solely to ongoing operations at a single construction project, except damages because of 'bodily injury' or "property damage' included in the "products -completed operations hazard"; and 3. Medical expenses under Coverage A.2. caused by accidents which cannot be attributed solely to ongoing operations at a single construction project; will reduce the General Aggregate Limit shown in the Declarations, and shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage' included in the "products -completed operations hazard" will reduce the Products/Completed Operations Aggregate limit, and not reduce the General Aggregate limit nor any Construction Project General Aggregate limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. SB300176E (Ed. 10-19) Page 3 of 3 Copyright, CNA All Rights Reserved.