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HomeMy WebLinkAboutKleinfelderAGREEMENT THIS AGREEMENT is made and entered into on the 21st day of April, 2020 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Kleinfelder (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR. Shall provide or furnish the following specified services and/or materials: An update to the previous geotechnical engineering investigation for the Los Altos Hills Town Hall office. The update would focus on the newly proposed expansion areas and updating the seismic parameter for design. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated February 10, 2020 3. TERMS. The services and/or materials furnished under this Agreement shall commence April 21, 2020 and shall be completed by April 21, 2021, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed five thousand five hundred dollars and zero cents ($5,500.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 4 Short form Updated 4/23/10 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 4/23/10 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. 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 TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills Page 3 of 4 Short form Updated 4123/10 h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: CONTRACTOR: Zachary Dahl Planning Director Town of Los Altos Hills By: 26379 Fremont Road 9719nat-urV w Date Los Altos Hills, CA 94022 FA i c T, AiAaei-, V1 c� t�-s Print name, Title ii TOWN OF LOS ALTOS HILLS: By: Carl CahT1, City Ma ager Pate Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 February 10, 2020 File No .LOCALMKT.WEOH Los Altos Hills Town Hall 26379 Fremont Road Los Altos Hills, CA 94022 Attn: Mr. Zachary Dahl, Planning Director SUBJECT: Proposal for an Updated Geotechnical Engineering Investigation Proposed Los Altos Hills Town Hall Office Expansion Dear Mr. Dahl: Pursuant to your recent Request for Proposal (RFP), Kleinfelder is pleased to present this proposal to provide an update to our previous geotechnical engineering investigation for the Los Altos Hills Town Hall office. The update would focus on the newly proposed expansion areas and updating the seismic parameter for design. This proposal is based on the RFP, our site visit, and our experience with similar projects throughout the Bay Area. Our investigation will focus on reviewing our existing boring information to provide updated geotechnical analysis in support of the proposed project, excavation and backfill recommendations, and foundation recommendations. In addition, we have included a geotechnical plan review and attendance at a pre -construction meeting as part of our scope. PROJECT UNDERSTANDING We understand that Los Altos Hills Town Hall intends to demolish the existing parks and recreation building on the southern side of the property and expand the primary Town Office facility in its place. It is understood that the proposed expansion would cover approximately 1,957 square feet. Based off our site visit we understand the expansion would also involve the removal of two redwood trees within the planned expansion footprint. The trunk diameters were approximately 39 inches at the time of our 2004 investigation. These are significant as the root systems likely take up a large portion of the proposed footprint. The project also involves the conversion of an existing patio on the western edge of the Council Chambers building into a conference room. This renovation would add approximately 435 square feet of indoor workspace to the existing structure. If the project differs from that presented above, we should be contacted to review the applicability and potential modifications to our scope of services detailed below. ANTICIPATED CONDITIONS Based on previous geotechnical investigations at the property, we believe the site consists of very stiff, moist, lean clay/silty clay (CL -ML), that grades to clayey sand with gravel (SC) at a depth of approximately 20 feet. We expect the roots of the two redwood trees to be significantly deeper LOCALMKT.WEOH/SJO20P107335 Page 1 of 4 February 7, 2020 © 2020 Kleinfelder 380 North 1 It Street, Suite A, San Jose, CA 95112 p 1831.755.7900 than the existing foundation of the building and may require some remedial foundation preparation or over -excavation. SCOPE OF SERVICES Approach The scope of our investigation as presented herein has been structured to adhere to the requirements of the California Building Code. Our proposed scope of services will consist of a site reconnaissance, review of previous subsurface investigations, and engineering analysis as described below. Our findings will be summarized in a report prepared under the supervision of a California registered Professional Engineer. Task 1 — Geotechnical Report Update We will evaluate the field and laboratory data from the previous investigation and perform geotechnical engineering review and analyses to develop conclusions and recommendations for foundation support and earthwork for the project. Results of our field observations, and engineering analysis will be summarized in a written report prepared under the supervision of a registered Professional Engineer. At this time, we anticipate that the report will include the following items at this time: • Photos of our site reconnaissance. • Site Plan of the proposed additions • Review the existing geotechnical report and update our recommendations for design of foundations; • Recommendations for site preparation, earthwork excavation, and fill compaction specifications. Task 2 — Plan Review & Attendance at a Pre -Construction Meeting As part of our scope we plan on performing a geotechnical plan review of the final approved plan set. We would then issue a letter stating the plans conformance to the design intent. We have also anticipate attending a pre -construction meeting either at the site or at the Town offices after the issuance of our geotechnical engineering report for the project. FEE ESTIMATE Fees for our services will be charged on a lump sum, fixed fee basis in the amount of $5,500. For the scope of services outlined in this proposal, our fee will be as follows: LOCALMKT.WEOH/SJ020P107335 Page 2 of 4 February 10, 2020 © 2020 Kleinfelder KLEINFEL®ER 380 North 1s' Street, Suite A, San Jose, CA 95112 p 1831.755.7900 Task Description - Fee 1 Geotechnical Investigation Update $4,000 2 Plan Review & Pre -Bid and Pre -Construction Meetings $1,500 ESTIMATED PROJECT TOTAL $5,500 This fee estimate will not be exceeded without your prior authorization for the scope of services outlined above. Also, our fee applies to work commenced within 90 days of this proposal. After that time, we should review our proposal. All mileage will be charged at current IRS rate. The fees presented in this proposal are based on prompt payment for services presented in our standard invoicing format. Late fees will be charged if payment is not received in accordance with terms contained in our contract. SCHEDULE We are prepared to commence work on this project immediately following your authorization to proceed. We anticipate the site visit to be completed within a single day. We expect to perform our site visit during a weekday. We anticipate the reports will be available two to three weeks after being given notice to proceed. ADDITIONAL SERVICES As an extension of our role as Geotechnical Engineer of Record for the project Kleinfelder should provide geotechnical observation and testing services during construction to identify any unanticipated subsurface conditions, to modify our recommendations, as appropriate, and to verify that geotechnical aspects of foundation construction and earthwork were performed in general accordance with the intent of our recommendations. At your request, and after the project plans and a construction schedule are available, we can prepare a separate proposal for providing geotechnical observation and testing services during construction. Kleinfelder has an accredited construction materials department and testing laboratory, as well as an environmental department, and would appreciate the opportunity to provide separate proposals for providing materials testing and environmental services for this project as needed. AUTHORIZATION Enclosed with this proposal are our Master Service Agreement (MSA) and Work Order under which our services will be provided. Please note that the terms and conditions of the agreement, including the limitation of liability, are an integral part of the agreement. Please sign where indicated, on the MSA and Work Order, make a copy for your files, and return the entire proposal. Acceptance of this proposal will indicate that an authorized representative of Los Altos Hills Town Hall has reviewed the scope of work and determined that they do not need or want more services than are being proposed at this time. Any exceptions should be noted and may result in adjustment to our fees. LOCALMKT.WEOH/SJ020P107335 Page 3 of 4 February 10, 2020 © 2020 Kleinfelder KLEINFELDER 380 North 1st Street, Suite A, San Jose, CA 95112 p 1831.755.7900 LIMITATIONS Our work will be performed in a manner consistent with that level of care and skill ordinarily exercised by other members of Kleinfelder's profession practicing in the same locality, under similar conditions and at the date the services are provided. Our conclusions, opinions, and recommendations will be based on a limited number of observations and data. It is possible that conditions could vary between or beyond the data evaluated. Kleinfelder makes no guarantee or warranty, express or implied, regarding the services, communication (oral or written), report, opinion, or instrument of service provided. This proposal is valid for a period of 90 days from the date of this proposal, unless a longer period is specifically required by the RFP'in which case that time frame will apply. This proposal was prepared specifically for the client and its designated representatives and may not be provided to others without Kleinfelder's express permission. MAIN CONTACT Glen Gorski, PE Senior Project Manager Cell (510) 459-6297 ggorski(jWeinfelder.com CLOSURE We appreciate the opportunity to present this proposal and look forward to providing geotechnical engineering services to Los Altos Hill Town Hall on this project. If you have any questions or desire additional clarification, please do not hesitate to contact our project manager. Sincerely, KLEINFELDER, INC. f Andrea Traum, PE Gle ski, PE Senior Project Manager Se 'or Project Manager Attachments: Master Services Agreement Word Order I L0CALMKT.WE0H/SJ020P107335 Page 4 of 4 February 10, 2020 © 2020 Kleinfelder KLEINFELDER 380 North 11' Street, Suite A, San Jose, CA 95112 p 1831.755.7900 " (� `favi Request for Taxpayer social security number Give Form to the Form (Rev. October 2016) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service lio Cao to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your Income tax return). Name Is required on this line; do not leave this line blank. KLEINFELDER INC. 2 Business name/disregarded entity name, if different from above a) 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the Y 4 Exemptions codes apply only to P (' pp Y Y �P Mfollowing seven boxes. certain entities, not individuals; see Q- o ❑ Individual/sale proprietor or ZC Corporation ❑ S Corporation ❑Partnership ❑Trust/estate instructions on page 3): W single -member LLC Exempt payee code (if any) u❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) 11- 0 a Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting c o LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that code (if any) 0 o S is disregarded from the owner should check the appropriate box for the tax classification of its owner. O N ❑ Other (see Instructions) i (Applies to accounts malntalned outside the U.S.) 6 Address (number, street, and apt, or suite no.) See Instructions. Requester's name and address (optional) CD cn P.O. BOX 51958 6 City, state, and ZIP code LOS ANGELES, CA 90051-6258 i List account number(s) here (optional) " axpayer Identification Number ) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally yoursocial security number (SSN). However, fora resident alien, sole proprietor, or disregarded entity, seeee the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. F --F---] AMMMi©MMMME Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2.. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return, For real estate transactions, item 2 does not apply. 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Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns Include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/23/2020 F 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(les) 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 Aon Risk Insurance Services West, Inc. LOS Angeles CA Office 707 wi 1 shire Boulevard suite 2600 CONTACT NAME: PHONE(866) 283-7122 FAX (800) 363-0105 (A/C. No. Ext): (A/C. No.): E-MAIL ADDRESS: LOS Angeles CA 90017-0460 USA INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: The Continental insurance Company 35289 The Kleinfelder Group, Inc 550 West C Street Suite 1200 San Diego CA 92101 USA INSURER B: National Fire Ins. Co. of Hartford 20478 INSURER C: American Casualty Co. of Reading PA 20427 INSURER D: Allied world surplus Lines insurance co 24319 CLAIMS -MADE ❑X OCCUR INSURER E: INSURER F: UUVthiAUt, L;thSIII-K:AIt NUMbth: 0/1JUbl4y/yb!J HEVISIUN 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 OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADD INSD SUBHJ WVD POLICY NUMBER POLICY EFF FOLIC EXPLIMITS B X COMMERCIAL GENERAL LIABILITY Los Altos Hill CA 94022 USA 53 MUDID/YYYY 7ffy EACH OCCURRENCE $1,000,000 CLAIMS -MADE ❑X OCCUR DAMA(3E To RENTED PREMISES Ea occurrence)$1,000,000 MED EXP (Any one person) $15,000 PERSONAL &ADV INJURY $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ❑X JPRO- LOC PRODUCTS - COMP/OPAGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY Y 6057515836 04/01/2020 04/01/2021 COMBINED SINGLE LIMIT $1,000,000 Ea accident BODILY INJURY ( Per person) X ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED AUTOS NON -OWNED ONLY AUTOS ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) Comp Deduct - $100 Coll Deduct - $100 UMBRELLALIAB EACH OCCURRENCE EXCESS LIAB HOCCUR CLAIMS -MADE AGGREGATE DED RETENTION C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY OFFICER/MEMBER/EXCLUDED?EXECUTIVE I (Mandatory in NH) N/A WC657169108 (CA) WC657169111 (AOS) 04/01/2020 04/01/2020 04/01/2021 04/01/2021 X I PER STATUTEOTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000, 000 D Env CPL/Prof PSDEF2000647 04/01/2020 04/01/2021 Each Claim $2,000,000 Claims -Made Policy Aggregate $2,000,000 SIR applies per policy terns & conditions DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Los Altos Hills Town Hall Addition. The Town of Los Altos Hills, its elective and appointed officers, employees and volunteers are included as Additional insureds in accordance with the policy provisions of the General Liability and Automobile Liability policies. Should General Liability, Automobile Liability, Professional Liability and workers' Compensation policies be cancelled before the expiration date thereof, the policy provisions will govern how notice of cancellation may be delivered to certificate holders in accordance with the policy provisions of each policy. see Attached for complete List of Named insureds. CERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXP RATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town Of LOS Alto Hills AUTHORIZED REPRESENTATIVE 26379 Fremont Roadi Los Altos Hill CA 94022 USA e ll 7JfFc-4, CGt mee, c_74v,Cej X s f= ©1988-2015 ACORD CORPORATION. All rights reserved ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000071365 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Insurance Services West, Inc. NAMEDINSURED The Kleinfelder Group, Inc POLICY NUMBER See Certificate Number: 570081497959 CARRIER See Certificate Number: 570081497959 NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: AGORD 25 FORM TITLE: Certificate of Liabilitv Insurance NAMED INSURED SCHEDULE Kleinfelder, Inc. The Kleinfelder Group, Inc. Kleinfelder Holdings, LLC Kleinfelder Parent, Inc Kleinfelder Architecture Northeast, Inc. Kleinfelder Australia Pty Ltd Kleinfelder Canada, Inc. Kleinfelder Colorado 100, LLC Kleinfelder construction services, Inc Kleinfelder Engineering and Geology, P.C. Kleinfelder Guam 101, LLC Kleinfelder International, Inc Kleinfelder Kansas 100, LLC Kleinfelder New Mexico 100, LLC Kleinfelder Northeast, Inc. Kleinfelder Oklahoma 100, LLC Kleinfelder PNG Ltd. Kleinfelder southeast, Inc. Kleinfelder Texas 100, LLC Kleinfelder Texas 200, LLC Kleinfelder Utah 100, LLC A-1, Inc.- Kleinfelder East, Inc. Buys & Associates, Inc. - TKG Corrigan Consulting, Inc.- TKG Insite Environmental, Inc.- Kleinfelder West, Inc. Kowalski Engineering, Inc.- Kleinfelder central, Inc. MCE Group, Inc.- Kleinfelder, Inc. Omni Environmental, LLC- Kleinfelder East, Inc. spectrum Exploration, Inc.-TKG The Wallace Group, Inc. - Kleinfelder West, Inc. TKG Acquisition Corp. Trigon Environmental Services, Inc. Simon Wong Engineering, Inc. ACORD 101 (2008/01) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACK11FAVA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through I. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Engineers, Architects or Surveyors Engaged By You An architect, engineer or surveyor engaged by the Named Insured, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by the Named Insured's acts or omissions, or the acts or omissions of those acting on the Named Insured's behalf: a. in connection with the Named Insured's premises; or b. in the performance of the Named Insured's ongoing operations. CNA74858XX (1-15) Policy No: 6057515853 Page 2 of 18 Endorsement No: 1 NATIONAL FIRE INSURANCE OF HARTFORD Effective Date: 04/01/2020 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. PFAJA CNA PARAMOUNT Wom Architects, Engineers and Surveyors General Liability Extension Endorsement But the coverage hereby granted to such additional insureds does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by, on behalf of, or for the Named Insured, including but not limited to: 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. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or CNA74858XX (1-15) Policy No: 6057515853 Page 3 of 18 Endorsement No: 1 NATIONAL FIRE INSURANCE OF HARTFORD Effective Date: 04/01/2020 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. A11hPrF,11JVA CNA PARAMOUNT Architects, Engineers and Surveyors General Liability Extension Endorsement b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. 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 CNA74858XX (1-15) Policy No: 6057515853 Page 4 of 18 Endorsement No: 1 NATIONAL FIRE INSURANCE OF HARTFORD Effective Date: 04/01/2020 Insured Name: THE KLEINFELDER GROUP, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. �Ay CNA71527XX (Ed. 10/12) ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows SCHEDULE Name of Additional Insured Persons Or Organizations I ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED UNDER A WRITTEN CONTRACT OR AGREEMENT. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the Policy remain unchanged. CNA71527XX (10/12) Page 1 of 1 Policy No: 6057515836 Endorsement No: 1 Effective Date: 04/01/2020 Insured Name: THE KLEINFELDER GROUP Copyright CNA All Rights Reserved.