Cities Index.
Exhibit 2: Ninyo & Moore Agreement

Alameda City Council
June 17, 2025

Document
Exhibit 2: Ninyo & Moore Agreement
Meeting
June 17, 2025
Body
Alameda City Council
Pages
2
Original file
17.7 MB
Text extracted from the city's file for reading and search. Open the original on legistar1.granicus.com. That file is the official record.

[Provider Name] 1 Version 03-05-25

SERVICE PROVIDER AGREEMENT

This SERVICE PROVIDER AGREEMENT (“Agreement”) is entered into this ___ day of _________, 2025 (“Effective Date”), by and between the CITY OF ALAMEDA, a municipal corporation (“the City”), and NINYO & MOORE , a California corporation, whose address is 1301 MARINA VILLAGE PARKWAY, SUITE 110, ALAMEDA, CALIFORNIA 94501 (“Provider” or “Contractor”), in reference to the following facts and circumstances:

RECITALS
A. The City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City.

B. The City is in need of the following services : on- call Geotechnical Engineering and Construction Testing services. City staff issued an RFP on March 17, 2025 and after a submittal period of twenty-one days received nine timely submitted proposals. Staff reviewed the proposals, interviewed qualified firms and selected the service provider that best meets the City’s needs.

C. Provider is specially trained, experienced and competent to perform the special services which will be required by this Agreement.

D. Whereas, the City Council authorized the City Manager to execute this agreement on June 17, 2025.

E. The City and Provider desire to enter into an agreement for on-call Geotechnical Engineering and Construction Testing services, upon the terms and conditions herein.

AGREEMENT

NOW, THEREFORE, in consideration of the forgoing, which are incorporated herein by reference, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and Provider agree as follows:

1. TERM:

The term of this Agreement shall commence the 1st day of July 2025, and shall terminate on the 30th day of June 2030, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED:

Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A as requested. Provider acknowledges that the work plan included in Exhibit A is tentative and does not commit the City to request Provider to perform all tasks included therein.

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3. COMPENSATION TO PROVIDER:
a. By the 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit B and incorporated herein by this reference.

Extra work must be approved in writing by the City Manager or their designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit B.

The total five-year compensation for this Agreement shall not exceed $750,000.

4. TIME IS OF THE ESSENCE:

Provider and the City agree that time is of the essence regarding the performance of this Agreement.

5. STANDARD OF CARE:

Provider 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. Provider represents that it is skilled in the professional calling necessary to perform all services contracted for in this Agreement . Provider further represents that all of its employees and subcontractors shall have sufficient skill and experience to perform the duties assigned to them pursuant to and in furtherance this Agreement.

Provider further represents that it (and 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 , as needed ); and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Provider 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 Provider’s failure to comply with the standard of care provided for herein. Any employee of the Provider or its sub-providers who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of any services under this Agreement, or a threat to the safety of persons or property (or any employee who fails or refuses to perform the services in a manner acceptable to the City) shall be promptly removed by the Provider and shall not be re-employed to perform any further services under this Agreement.

6. INDEPENDENT PARTIES:

Provider hereby declares that Provider is engaged as an independent business and Provider agrees to perform the services as an independent contractor. The manner and means of conducting the services and tasks are under the control of Provider except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Provider ’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Provider, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer -employee relationship from any compensation due to Provider. Payments of the above items, if required, are the responsibility of Provider. Any personnel performing the services under this Agreement on behalf Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

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of Provider shall also not be employees of City and shall at all times be under Provider’s exclusive direction and control.

7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Provider assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Provider shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Provider.

8. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Provider and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities . 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. Provider agrees that any violation of this provision shall constitute a material breach of this Agreement.

9. HOLD HARMLESS:
a. To the fullest extent permitted by law, Provider shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including reasonable attorney ’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Provider’s performance of its obl igations under this A greement or out of the operations conducted by Provider even if the City is found to have been negligent. If the Claims filed against Indemnitees alleg e negligence, recklessness or willful misconduct on the part of Provider, Provider shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Provider.

Provider shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement. b. As to Claims for professional liability only, Provider’s obligation to defend Indemnitees (as set forth above) is limited as provided in California Civil Code Section 2782.8. c. Provider’s obligation to indemnify, defend and hold harmless Indemnit ees shall expressly survive the expiration or early termination of this Agreement.

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[Provider Name] 4 Version 03-05-25

10. INSURANCE:
a. On or before the commencement of the terms of this Agreement, Provider shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with Sections

10.b. (1) through (4). The Certificate Holder should be The City of Alameda, 2263 Santa Clara, Ave., Alameda, CA 94501. Such certificates, which do not limit Provider’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Alameda. Attention: Risk Manager.” Provider shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Provider shall deliver updated insurance certificates to the City at the address described in Section 17.f. prior to the expiration of the existing insurance certificate for the duration of the term of Agreement. Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
_____________
Provider Initials
b. COVERAGE REQUIREMENTS:

Provider shall maintain insurance coverage and limits at least as broad as:
(1) Workers’ Compensation:

Statutory coverage as required by the State of California , as well as a Waiver of Subrogation (Rights of Recovery) endorsement. (2) Liability:

Commercial general liability coverage in the following minimum limits:

Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $1,000,000 each occurrence
$2,000,000 aggregate
If submitted, combined single limit policy with per occurrence limits in the amounts of $2,000,000 and aggreg ate limits in the amounts of $4 ,000,000 will be considered equivalent to the required minimum limits shown above. Provider shall also submit d eclarations and policy endorsements pages. Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

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employees, agents, and volunteers is required. The Additional Insured Endorsement shall include primary and non-contributory coverage at least as broad as the CG 2010.
(3) Automotive:

Comprehensive automobile liability coverage (any auto) in the following minimum limits:

Bodily injury: $1,000,000 each occurrence
Property Damage: $1,000,000 each occurrence
or
Combined Single Limit: $2,000,000 each occurrence
Additional Insured Endorsement naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers is required.

(4) Professional Liability:

Professional liability insurance which includes coverage appropriate for the professional acts, errors and omissions of Provider’s profession and work hereunder, including, but not limited to, technology professional liability errors and omissions if the s ervices being provided are technology- based, in the following minimum limits:
$2,000,000 each claim

As to commercial general liability and automobile liability insurance, such insurance will provide that it constitutes primary insurance with respect to claims insured by such policy, and, except with respect to limits, that insurance applies separately to each insured against whom claim is made or suit is brought. Such insurance is not additional to or contributing with any other insurance carried by or for the benefit of the City.
c. SUBROGATION WAIVER:

Provider hereby agrees to waive rights of subrogation that any insurer of Provider may acquire from Provider by virtue of the payment of any loss. Provider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether the City has received a waiver of subrogation endorse ment from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Provider, its employees, agents and subcontractors. d. FAILURE TO SECURE:

If Provider at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Provider’s name or as an agent of Provider and shall be compensated by Provider for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

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e. ADDITIONAL INSUREDS:

The City, its City Council, boards, commissions, officials, employees, agents, and volunteers shall be named as additional insured(s) under all insurance coverages, except workers’ compensation and professional liability insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

Additional Insured covera ge under Provider’s policy shall be primary and non- contributory and will not seek contribution from the City’s insurance or self -insurance. Any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the additional insured(s). f. SUFFICIENCY OF INSURANCE:

The insurance limits required by the City are not represented as being sufficient to protect Provider. Provider is advised to consult Provider ’s insurance broker to determine adequate coverage for Provider. The coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of the coverage carried by or available to Provider; whichever is greater. g. EXCESS OR UMBRELLA LIABILITY:

If any Excess or Umbrella Liability policies are used to meet the limits of liability required by this Agreement, then said policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this Agreement, including but not limited to, the additional insured, SIR, and primary insurance requirements stated therein. No insurance policies maintained by the indemnified parties or Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until all the primary and excess liability policies carried by or available to the Provider are exhausted. If a Provider is using an Excess Liability policy to supplement any insurance coverage required by this Agreement, they must submit the Excess Liability policy in full.

11. CONFLICT OF INTEREST:

Provider warrants that it is not a conflict of interest for Provider to perform the services required by this Agreement. Provider may be required to fill out a conflict of interest form if the services provided under this Agreement require Provider to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.

12. PROHIBITION AGAINST TRANSFERS:
a. Provider shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Provider shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer. The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

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to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money against the City under this Agreement may be assigned by Provider to a bank, trust company or other financial institution without prior written consent. b. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock, membership interest, partnership interest, or the equivalent, which shall result in changing the control of Provider, shall be construed as an assignment of this Agreement.

Control means fifty percent or more of the voting power of Provider.

13. APPROVAL OF SUB-PROVIDERS:
a. Only those persons and/or businesses whose names and resumés are attached to this Agreement shall be used in the performance of this Agreement. However, if after the start of this Agreement, Provider wishes to use sub-providers, at no additional costs to the City, then Provider shall submit a written request for consent to add sub- providers including the names of the sub - providers and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. b. Each sub -provider shall be required to furnish proof of workers ’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Provider. c. In addition, any tasks or services performed by sub- providers shall be subject to each provision of this Agreement. Provider shall include the following language in their agreement with any sub-provider: “Sub-providers hired by Provider agree to be bound to Provider and the City in the same manner and to the same extent as Provider is bound to the City.” d. The requirements in this Section 13 shall not apply to persons who are merely providing materials, supplies, data or information that Provider then analyzes and incorporates into its work product.

14. PERMITS AND LICENSES:

Provider, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City business license that may be required in connection with the performance of the services and tasks hereunder.

15. REPORTS:
a. Each and every report, draft, work product, map, record and other document produced, prepared or caused to be prepared by Provider pursuant to or in connection with this Agreement shall be the exclusive property of the City.
b. No report, information or other data given to or prepared or assembled by Provider pursuant to this Agreement shall be made available to any individual or organization by Provider without prior approval of the City Manager or their designee. c. Provider shall, at such time and in such form as City Manager or their designee may Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

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require, furnish reports concerning the status of services and tasks required under this Agreement.

16. RECORDS:
a. Generally, the City has the right to conduct audits of Provider’s financial, performance and compliance records maintained in connection with Contractor’s operations and services performed under the Agreement. In the event of such audit, Contractor agrees to provide the City with reasonable access to Contractor’s employees and make all such financial (including annual financial statements signed by an independent CPA), performance and compliance records available to the City. City agrees to provide Contract or an opportunity to discuss and respond to any findings before a final audit report is filed.
b. Provider shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Provider’s performance under the Agreement , as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Agreement (collectively the “Records”). c. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Provider shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records , and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Agreement. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Provider for a period of three (3) years after receipt of final payment.
d. If supplemental examination or audit of the R ecords is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’ s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Agreement or failure to act in good faith, then Provider shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

17. NOTICES:
a. All notices shall be in writing and delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service ; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
b. Each notice shall be deemed to have been received on the earlier to occur of : (x) actual delivery or the date on which delivery is refused; or (y) three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
c. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

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d. All notices, demands, requests, or approvals from Provider to the City shall be addressed to the City at:

City of Alameda
Public Works Department
950 West Mall Square #110
Alameda, CA 94501
ATTENTION: Scott Wikstrom, City Engineer
Ph: (510) 747-7937 / [email protected]
e. All notices, demands, requests, or approvals from the City to Provider shall be addressed to Provider at:

Ninyo & Moore
1301 Marina Village Parkway, Suite 110
Alameda, CA 94501
ATTENTION: Peter Connolly, PE, GE
Ph: (510) 343-3000 (x15207), Cell: (510) 301-9114
Email: [email protected]

f. All updated insurance certificates from Provider to the City shall be addressed to the City at:

City of Alameda
Public Works Department
950 West Mall Square #110
Alameda, CA 94501
ATTENTION: Jeanette Navarro, Executive Assistant
Ph: (510) 747-7932 / [email protected]

18. SAFETY:
a. Provider will be solely and completely responsible for conditions of all vehicles owned or operated by Provider , including the safety of all persons and property during performance of the services and tasks under this Agreement . This requirement will apply continuously and not be limited to normal working hours. In addition, Provider will comply with all s afety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Agreement. Where any of these are in conflict, the more stringent requirement s will be followed. Provider’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein. b. Provider will immediately notify the City within 24 hours of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Agreement. Provider will promptly submit to the City a writte n report of all incidents that occur in connection with this Agreement. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

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Provider’s employee(s) involved in the incident; (iii) name and address of Provider’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.

19. TERMINATION:
a. In the event Provider fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Provider shall be deemed in default in the performance of this Agreement . If such default is not cured within two (2) business days after receipt by Provider from the City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the City may thereafter immediately terminate the Agreement forthwith by giving to Provider written notice thereof. b. The foregoing notwithstanding, the City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days’ prior written notice to Provider as provided herein.
c. Upon termination of this Agreement either for cause or for convenience, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. The obligation of the parties under this Section 19.c. shall survive the expiration or early termination of this Agreement.

20. ATTORNEYS’ FEES:

In the event of any litigation, including administrative proceedings, relating to this Agreement, including but not limited to any action or suit by any party, assignee or beneficiary against any other party, beneficiary or assignee, to enforce, interpret or seek relief from any provision or obligation arising out of this Agreement, the parties and litigants shall bear their own attorney’s fees and costs. No party or litigant shall be entitled to recover any attorneys’ fees or costs from any other party or litigant, regardless of which party or litigant might prevail.

21. HEALTH AND SAFETY REQUIREMENTS.

Provider acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Provider agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings. Provider also agrees to make available to the City, at the City’s request, records to demonstrate Provider’s compliance with this Section.

22. COMPLIANCE WITH ALL APPLICABLE LAWS:

During the term of this Agreement, Provider shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Alameda which affect the manner in which the services or tasks are to be performed by Provider, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Provider shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Provider shall defend, indemnify, and hold City (including its officials, directors, officers, employees, and agents) free and harmless from any claim or liability arising out of any failure or alleged failure to comply with such laws and regulations pursuant to the indemnification provisions of this Agreement.

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23. CONFLICT OF LAW:

This Agreement shall be interpreted under, and enforced by the laws of the State of California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Alameda, State of California.

24. WAIVER:

A waiver by the City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

25. INTEGRATED CONTRACT:

Subject to the language of Section 33, the Recitals and exhibits are a material part of this Agreement and are expressly incorporated herein . This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied cov enant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both the City and Provider.

26. PREVAILING WAGES:

Provider 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” projects. Provider agrees to fully comply with such Prevailing Wage Laws if the services are being performed as part of an applicable “public works” or “maintenance” project as defined by the Prevailing Wage Laws and if the total compensation is $1,000 or more. City, upon Provider’s request, shall provide Provider with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Provider 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 Provider’s principal place of business and at the project site. Provider shall defend, indemnify, and hold the City (its elected officials, office rs, 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.

27. DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE AND
PREVAILING WAGE REQUIREMENTS ON PUBLIC WORKS PROJECTS:
a. For purposes of Sections 27 through 29 of this Agreement, the terms “ claim”, “contractor”, “public works project” and “subcontractor” shall have the same meanings set forth in Public Contract Code Section 9204.

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b. No contractor or subcontractor may be listed on a bid proposal for a public works project, nor engage in the performance of any public work contract, unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 (with the limited exceptions for certaion bids pursuant to Labor code Section 1771.1(a)). Registration instructions may be found at the following website: https://www.dir.ca.gov/Public-Works/Contractor- Registration.html

c. All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner at the following website : https://www.dir.ca.gov/Public- Works/Certified-Payroll-Reporting.html

d. Contractor is required to all post job site notices as prescribed by State law. (See 8 Cal. Code Regs, § 16451(d).)

e. In executing this Agreement, Contractor acknowledges and agrees that f. the work authorized by this Agreement may be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

28. REGISTRATION OF CONTRACTORS:

Before submitting bids for any work authorized by this Agreement , contractors shall be licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California.

29. PUBLIC CONTRACT CODE SECTION 9204 SUMMARY:

Notwithstanding anything else to the contrary stated in the Information For Bidders (IFB) or other documents associated with this Agreement, all claims, regardless of dollar amount, submitted between January 1, 2017 and January 1, 2027 related to work performed or scheduled to be performed pursuant to this Agreement shall be governed by Public Contract Code Section 9204 and this section. The following provisions and procedures shall apply:

a. Contractor shall submit each Claim (whether for a time extension, payment for money or damages) in writing and in compliance with Public Contract Code Section 9204.

Contractor must include reasonable documentation to support each claim.

b. Upon receipt of a claim, the City shall conduct a reasonable review and respond in writing within 45 days of receipt and shall identify in a written statement what portions of the claim are disputed and undisputed. Undisputed portions of the c laim shall be process and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The City and Contractor may mutually agree to extend the 45 day response time.

c. If the City needs approval from the City Council to provide a written statement, the 45 days may be extended to 3 days following the next duly noticed public meeting pursuant to Public Contract Code Section 9204(d)(1)(C).

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[Provider Name] 13 Version 03-05-25

d. If the City fails to timely respond to a c laim or if Contractor disputes the City’s response, Contractor may submit a written demand for an informal meet and confer conference with the City to settle the issues in dispute. The demand must be sent via registered or certified mail, return receipt requested. Upon receipt, the City shall schedule the conference within 30 days.

e. Within 10 business days following the informal meet and confer conference, the City shall submit to Contractor a written statement describing any issues remaining in dispute and that portion which is undisputed. Undisputed portions of the c laim shall be process ed and paid within 60 days of the written statement. Undisputed amounts not paid in a timely manner shall bear interest at 7% per annum. The issues remaining in dispute shall be submitted to non-binding mediation. If the City and Contractor mutual ly agree on a mediator, each party shall pay equal portions of all associated costs. If within 10 business days, the City and Contractor cannot agree on a mediator, each party shall select a mediator (paying all costs associated with their selected mediator), and those mediators shall select a qualified neutral third party to mediate the disputed issues. The City and Contractor shall pay equal portions of all associated costs of such third party mediator.

f. Unless otherwise agreed by the City and Contractor, any mediation conducted hereunder shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has commenced.

g. The City reserves all rights and remedies that it has pursuant to this Agreement, any associated plans and specification s, or at law or in equity which are not in conflict with Public Contract Code 9204.

30. CAPTIONS:

The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

31. COUNTERPARTS:

This Agreement may be executed in any number of counterparts (including by fax, PDF , DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

32. SIGNATORY:

By signing this A greement, signatory warrants and represents that they executed this Agreement in their authorized capacity and that by their signature on this Agreement, they or the entity upon behalf of which they acted, executed this Agreement.

33. CONTROLLING AGREEMENT:

In the event of a conflict between the terms and conditions of this Agreement (as amended, supplemented, restated or otherwise modified from time to time) and any other terms and Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

[Provider Name] 14 Version 03-05-25
conditions wherever contained, including, without limitation, terms and conditions included within exhibits, the terms and conditions of this Agreement shall control and be primary.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 [Provider Name] 1 Version 03-05-25
IN WITNESS WHEREOF, the parties have each caused this Agreement to be duly executed on its behalf as of the Effective Date.

N

INYO & MOORE CITY OF ALAMEDA
a California corporation a municipal corporation
Avram Ninyo Jennifer Ott
President City Manager
R

ECOMMENDED FOR APPROVAL
Elaine Autus
Assistant Secretary
Erin Smith
Public Works Director
AP
PROVED AS TO FORM:

City Attorney
L en Aslanian
Assistant City Attorney
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

April 7, 2025
ninyoandmoore.com
Proposal No. 08-00846
Proposal to Provide
Geotechnical Engineering and
Construction Testing Services
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

TABLE OF
Contents
Sections
COVER LETTER // 1
A. | DESCRIPTION OF ORGANIZATION, MANAGEMENT AND TEAM MEMBERS // 2 B. | ORGANIZATION QUALIFICATIONS // 15
C. | REFERENCES, RELATED EXPERIENCE AND EXAMPLES OF WORK // 17

APPENDIX // A-I
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 1 April 7, 2025
Proposal No. P08OAK02-00846
City of Alameda
Scott Wikstrom, City Engineer
City Hall West, Public Works Department
950 West Mall Square, Room 110
Alameda, CA 94501
Subject:

RFP for On-Call Geotechnical Engineering and Construction Testing Services Ninyo &
Moore Geotechnical & Environmental Sciences Consultants (Ninyo & Moore) is pleased to submit our proposal to provide Geotechnical Engineering and Construction Testing services to the City of Alameda (City). After thoroughly reviewing the RFP (March 17, 2025) we have gained a comprehensive understanding of the City's scope and requirements. We specialize in offering these services as part of our comprehensive range of consulting services to municipal clients, with prior experience specifically meeting the City's needs. The City's requested information as well as a summary of our firm's qualifications is provided below:

FIRM INFORMATION
Firm's Legal Name Ninyo & Moore Geotechnical & Environmental Sciences Consultants Business Address 1301 Marina Village Parkway, Suite 110, Alameda, CA 94501 Primary Point of Contact Mr. Peter C. Connolly, PE, GE, Principal-In-Charge / Project Manager p: (510) 343-3000 x.15207 | e: [email protected] Experience with the City & Local Knowledge: Since 2001, Ninyo & Moore has continuously delivered effective geotechnical engineering, materials testing services, and environmental services within the City and Alameda County. This sustained involvement has equipped our team with extensive familiarity of the relevant federal, state, and local regulations. Our office is conveniently located in Alameda, allowing fast response times for project tasks.

Qualified Leadership: Our approach begins with the assignment of a highly qualified and experienced Contract Manager with the technical knowledge required for the contract. Mr. Peter C. Connolly, PE, GE, will be our Project Manager/ Principal-in-Charge and main point-of-contact. He offers the City 27 years of experience and will be responsible for contract administration and technical coordination of our staff to perform the required tasks on time and within budget.

Mr. Connolly will receive support from our qualified task managers for geotechnical, construction materials testing, and environmental services.

Certified In-House Laboratory: Ninyo & Moore’s in-house local testing laboratory is fully equipped and offers full- service field and laboratory testing services for soil and materials testing projects. Our team of special inspectors and technicians, certified by various industry organizations, will ensure high-quality service. To enhance response time and cost management, we will leverage our multicarded special inspectors for this project, enabling us to adjust scheduling and staffing as required without compromising quality. Laboratory testing services will be conducted in our certified in- house facility, allowing for rapid turnaround of testing and inspection reports within 24 hours.

Long Standing Municipal Agencies Provider: For over 38 years, Ninyo & Moore has provided geotechnical and materials testing services to Northern California (NorCal) local government agencies, managing hundreds of on-call contracts. We address diverse public projects, such as roadways, pathways, paving, sewer improvements, parks and buildings as well as retaining walls (CIDH, cantilever, soldier pile, tie-back), foundations, slope stabilization, drainage systems, creek bank reinforcements, and shoring. With a strong grasp of NorCal geology and codes, we ensure compliance and efficient project delivery. Ninyo & Moore will be 100% committed and available to the City for the duration of this contract.

We appreciate your consideration and remain dedicated to delivering high-quality services to the City.

Sincerely,

NINYO & MOORE
Peter C. Connolly, PE, GE
Principal -In- Charge / Project Manager
RS/BSW/EB/vas || Distribution: (1) Electronic Copy (PDF) Emailed 1301 Marina Village Parkway, Ste. 110 | Alameda, California 94501 | p. 510.343.3000 | www.ninyoandmoore.com Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 Description of Organization,
Management and Team MembersA.

Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 2 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025 Description of Organization,
Management and T eam MembersA
uu

PROJECT TEAM ORGANIZATION AND MANAGEMENT
Our approach to on-call service contracts begins with the assignment of a highly qualified and experienced contract manager with technical knowledge required for the contract.

Mr. Peter C. Connolly, PE, GE, will be the Principal-In-Charge/ Project Manager and day to day contact for the City. He will be responsible for contract administration and technical coordination of our staff to perform the required tasks on time and within budget. Individual task order assignments will be coordinated utilizing our highly experienced staff.

Ms. Marlene Watson, PE, GE will be overseeing geotechnical services, Mr. Ransom H. Hennefer, PE, GE, ACI, ICC, will be overseeing Construction Materials Testing and Inspection services, and Mr. Brandon S. Wilken, PG, QSD/P will be
overseeing Environmental services. To ensure full coverage of all potential services, each task manager has a qualified group of support staff assigned to assist with task orders.

Each task manager is responsible for maintaining their
assigned schedules and budget.

Coordination of our services will be performed with City representatives and updates of our progress will be provided via e-mail and telephone calls. Draft and final reports are typically submitted for review. Agency review comments
will be addressed with written responses and supplemental data, if required.

Most of the management controls to monitor project progress are established prior to the beginning of the project during proposal preparation and contract negotiations. These controls include:

COMMUNICATION: Both written and verbal communications are keys to a successful on-call contract management.

RESPONSE PROCEDURES: Ninyo & Moore is able to quickly respond to the client’s request for services due to the large pool of experienced and qualified personnel.

QUALITY: Our services are rendered in strict compliance to the firm’s rigorous Quality Assurance/Quality Control program, which goes beyond the expectations of the industry.

SAFETY: It is the policy of Ninyo & Moore to provide a safe and healthful work environment for all of its employees through the prevention of occupational injuries and illnesses.

I am satisfied with the work that Ninyo & Moore performed for us concerning the needed repairs on Mission Blvd. All the staff performed very professionally and were timely in their responses. If I ever needed similar services again, I would not hesitate to give your office a call again.
- Ed Nak ayama, Senior Civil Engineer
City of Fremont
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 3 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

PROPOSED WORK PLAN

GEOTECHNICAL SERVICES
The following is a generalized breakdown of the typical phases of a project along with a brief description of the services that may be included. The actual scope of work and work product will depend on the actual nature of the projects assigned.

Proposal Stage: Upon receipt of the Request for Proposal (RFP) from the County we will review the documents and prepare a proposal based on our understanding of the RFP, discussions with other consultants, and County personnel. The proposal will present an understanding of the project, a clearly defined scope of services, expected deliverables, schedule, and an estimated cost for the services.

Background Review: Pertinent existing background information, such as geotechnical reports, seismic hazard maps, topographic maps, and geologic reports and maps, will be reviewed. The information collected during this phase is crucial to developing a preliminary understanding of the site conditions so that the most appropriate exploration program can be utilized.

Permitting and Utility Clearance: If subsurface exploration is a part of the project, required permits will need to be obtained and existing underground utilities will need to be located so that there are no conflicts with the planned subsurface excavations. Clearance of underground utilities would be conducted through Underground Service Alert and, if necessary, our geophysicists can conduct detailed surveys of the project site to locate utilities. If the exploratory excavations are going to be in the street a permit/approved traffic control plan will need to be obtained from the County. Excavations in environmentally sensitive areas would require additional permits.

Subsurface Exploration: Subsurface explorations generally include the excavation, sampling, and logging of “small- diameter” borings or test pits by our registered geologists. Other means of subsurface exploration may include “large- diameter” (bucket-auger) borings, cone penetrometer soundings, and engineering scale geophysical surveys such as seismic refraction, magnetic, electromagnetic, ground penetrating radar (GPR) and electrical resistivity surveys and percolation tests. Bulk samples and in-situ drive samples obtained during drilling will be returned to our laboratory for testing. Logs of the exploratory excavations with a site plan showing their locations are provided as part of the final report.

Laboratory Testing: For geotechnical design projects, typical laboratory tests include Atterberg limits, consolidation, direct shear, expansion index, in-situ moisture content and dry density, maximum density/optimum moisture, R-value, sieve analysis, and soil corrosivity which includes chloride and sulfate content and pH and minimum resistivity. For construction projects, typical laboratory tests include maximum density/optimum moisture, sand equivalent, and strength tests for masonry, concrete, and steel. These tests are conducted in our full service, certified laboratory located in San Jose.

Data Analysis: Following the collection of preexisting applicable project information and the acquisition of new data, if necessary, our highly qualified technical staff will review, compile and analyze the data so that the appropriate design and/or construction parameters can be formulated. Ninyo & Moore uses the most up to date engineering, seismic, and geophysical software as well as industry testing standards to facilitate the analysis.

Reports: The presentation of our findings is crucial to adequately conveying our geotechnical information to the client and other design professionals. Depending on the needs of the County, the presentation of our findings, conclusions, and recommendations will be submitted in written reports, and/or provided electronically.

Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 4 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

ENVIRONMENTAL CONSULTING AND HAZARDOUS MATERIALS ASSESSMENT The following section presents an overview of the environmental consulting and hazardous materials testing, hazardous wastes, and industrial hygiene services provided by Ninyo & Moore.

Phase I Environmental Site Assessments: Phase I ESAs are performed to evaluate the likelihood that past or current activities at a property may have resulted in “Recognized Environmental Conditions,” as defined by ASTM. One of the most important elements of a Phase I ESA is the compilation of a complete historical record for a property. This historical research is important to establish the existence of operations of potential environmental concern on a property, and where these activities occurred as part of a due diligence evaluation. Specific sites that warrant a Phase I ESA will be distinguished based upon the findings of some level of preliminary assessment, normally performed prior to implementation of task orders.

Due to the wide range of possible environmental impacts posed by the sites located in project areas, the level of effort required to complete each Phase I ESA will, to a degree, depend upon site-specific characteristics (e.g., future construction/ use plans, past and present site uses, likely contaminant types, etc.). If a Phase I ESA has already been performed, and if requested by the County, Ninyo & Moore will review all relevant information obtained since the completion of the earlier Phase I ESA, verify the accuracy of the study, and provide appropriate updated recommendations.

Phase II Environmental Site Assessments: The results of Ninyo & Moore’s Phase I ESA may warrant the need to perform a Phase II ESA to evaluate the presence, nature, and extent of suspected contaminants in soil, soil vapor, and/or groundwater.

Typically, the proposed scope of work is presented as a work plan that may require regulatory agency approval prior to implementation. Mobile analytical testing laboratories may be used to provide analytical data in the field, thereby avoiding unnecessary sample collection and analysis. Information and field data collection may be accomplished by geophysical surveys, drilling, direct push soil borings, trenching, soil vapor surveys, and other investigative techniques. The most efficient approach to performing a Phase II ESA is often a step-by-step effort that allows new information that is generated during initial evaluations to be incorporated into the project plan, while other issues that have no bearing on the project outcome can be eliminated from further consideration. Results are compiled into a comprehensive report that presents our findings, interpretation of data, conclusions, and recommendations.

Remedial Investigation/Feasibility Study (RI/FS): An RI/FS may potentially be conducted for those sites which, based upon the results of the Phase II ESA and/or regulatory consultations, appear to warrant remediation. The purpose of the RI/FS is to further refine site and contamination characteristics with respect to developing and implementing an appropriate remedial action. The RI/FS work scope will vary significantly according to the specific site characteristics. Project team personnel are familiar with performing RI/FSs to assist our clients in selecting the most cost-effective and technically sound remedial alternatives. We are able to serve as an advocate and negotiate with regulatory agencies on behalf of our clients to successfully complete remedial studies that result in practical and cost-effective remedies to allow site closure.

Underground Storage Tanks: Ninyo & Moore provides engineering services for underground storage tank (UST)-related environmental investigations, remediation, and removal throughout the state of California. We have project principals, task managers, and project staff assigned to the contract that possess the training, experience, and knowledge to not only complete the scope of work, but to excel in problem solving and interpreting data for even the most complex sites. Our experience on projects throughout California has greatly enhanced our knowledge of, and familiarity with, federal, state and local regulations and the submittal procedures for federal, state and local jurisdictional agencies. The Ninyo & Moore team is knowledgeable of the California State Water Resources Control Board’s August 2012, Low-Threat Underground Storage Tank Closure Policy (LTCP). Our local Northern California team has removed thousands of USTs and closed hundreds of UST environmental cases utilizing the LTCP. Our team has the experience and knowledge to cost effectively remove UST systems, while gathering the data required to keep the site from becoming an active environmental case, when possible.

Hazardous Building Materials Services: Hazardous Building Materials generally include asbestos, lead-based paint, and polychlorinated biphenyl (PCB) and mercury-containing devices and surface compounds. Ninyo & Moore has performed numerous asbestos and hazardous building material surveys (HBMS), prepared abatement specifications based on the HBMS, abatement monitoring, performed post-abatement clearance sampling, and completed close-out report preparation activities for a wide variety of clients. We are experienced in working within the framework of the Federal and California Occupational Safety and Health Administrations (OSHA), and the U.S. EPA, as well as HUD guidelines.

Indoor Air Quality and Microbial Assessments: Indoor air quality investigations are typically performed in two phases.

Phase I generally consists of a visual assessment of the facility to identify factors that may contribute to poor indoor air quality including moisture intrusion, HVAC systems, work practices, and manufacturing operations. Additional information comes from interviews with employees and review of pertinent facility records. Ninyo & Moore’s CIHs use direct reading instruments to evaluate possible contaminants such as formaldehyde and carbon monoxide, and evaluate ventilation efficiencies using carbon dioxide measurements. Phase II surveys are conducted in segments based on the findings of the Phase I survey. Many Phase II tasks can be conducted on the same day as the Phase I investigation. Phase IIs are initiated when sampling of indoor and outdoor air is conducted. The results of the air sampling analyses are used to develop appropriate measures to mitigate the effects of a facility’s IAQ issues.

Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 5 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

MATERIALS TESTING & SPECIAL INSPECTION
As an integral part of the construction team, our materials testing and inspection services staff will work closely with the project inspector, construction manager, architect, and school district. Our materials testing and inspection department includes project and field engineers; DSA, ACI, ICC, AWS, and Caltrans certified inspectors and field technicians; and a materials testing laboratory certified by the DSA, AASHTO, Caltrans, and the US Army Corps of Engineers. Our staff of materials testing and inspection professionals will assist the District’s project inspectors in monitoring construction activities for compliance with project specifications, performing construction materials conformance testing, and the preparation and submittal of the necessary reports to the DSA if required. The materials testing and inspection will be performed in accordance with the applicable section of Title 24 of the California Building Code.

Special Inspection Services: Our DSA, ICC, and AWS-certified inspection staff will perform special inspection of reinforced masonry construction, reinforced concrete, concrete/asphalt batch plant, post-tension concrete, shotcrete, steel fabrication including shop welding, field welding and high strength bolting, fireproofing application, and post-installed anchor installation.

Materials Sampling and Testing Services: At the request of the Project Inspector, our technicians will be available to sample and test fresh concrete, tag and sample reinforcing bar and masonry units at the fabricators facility, perform pull or torque tests, masonry coring, non-destructive weld testing (ultrasonic), and electrical ground rod testing. The conformance tests would typically include compression testing of concrete, grout, mortar, masonry prisms and masonry cores, as well as compliance testing of reinforcing steel, fireproofing materials, and high strength bolts.

Engineering Services: Our staff of engineers will be available throughout the project to provide assistance in implementing the recommendations of the project geotechnical report, review the necessary construction submittals, and prepare, sign and stamp the necessary documents at the completion of the project.

APPROACH TO STAFFING
Mr. Peter Connolly will serve as Principal In Charge/ Project Manager. Supporting him will be Ms. Marlene Watson, PE, GE will be overseeing geotechnical services, Mr. Ransom H. Hennefer, PE, GE, ACI, ICC, will be overseeing Construction Materials Testing and Inspection services, and Mr. Brandon S. Wilkin, PG, QSD/P will be overseeing Environmental services Contract needs are met by assigning appropriate resources, including experienced personnel, equipment, and materials, as needed to meet specific project requirements. Ninyo & Moore has established effective management control systems, has integrated them for efficient project administration, and has trained staff to respond quickly and efficiently to task orders and project situations as they arise in order to meet project deadlines. Having completed many complex projects within strict time constraints, Ninyo & Moore has developed flexible management systems which allow project managers to draw on experienced technical and administrative personnel throughout the company. Additionally, field staff including technicians and inspectors, are made available from branch offices to meet increased staffing needs. This allows the use of a wide-ranging personnel base at reduced cost to the project and has resulted in efficient budget control and adherence to project schedules.

STAFF CAPACITY
Type of Credential
DSA ICC AWS-CWI ASNT/NDT ACI CALTRANS OSHA Nuc Gauge

LOCATION
Northern
California 3 22 7 2 31 9 17 16
Southern
California
6 40 11 3 69 40 60 59
Totals: 9 62 18 5 100 49 77 75
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 6 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

DISPATCHER
Alysia Hayes

LABORATORY MANAGER
Bryan Steinbrueck, ACI, ICC, NICET, Caltrans*
Abrar Said, ACI
Joshua Hanley, ASNT, AWS, ICC
Jose Alvarez Vega, ACI, ICC
Tyler Menniti, ACI, AWS
Behtis Razzaghi, ACI, ICC
Luis Granillo, ACI, ICC
Brandon Ochoa, ACI, ICC
Nicholas Mahnke, ACI
Jonathan Urmeneta, ACI, ICC
Isaak Arias-Pina, ACI, ICC, Caltrans
Jesus Gavino, ACI, ICC
Danny Winn, ACI, ICC
Seyedmahdi Mosavimasouleh, ACI,

AWS, ICC
Nima Safaie, ACI
Ricky Alvarez Vega, ACI, ICC
Felipe Jimenez, ACI, Caltrans
David Toscano, ACI

ADDITIONAL FIELD TECHNICIANS & SPECIAL INSPECTORS

PROJECT MANAGER /

PRINCIPAL ENGINEER
Peter C. Connolly, PE, GE*

HEALTH & SAFETY DIRECTOR
Stephen J. Waide, CIH, CSP, CMC, CIEC*

TASK MANAGER -

GEOTECHNICAL SERVICES
Marlene K. Watson, PE, GE*

TASK MANAGER -

CONSTRUCTION INSPECTION
Ransom H. Hennefer, PE, GE, ACI, ICC*

GEOTECHNICAL SUPPORT
Anthony R. Dover, PE, GE*
Curtis E. Hall, PG, CEG*
Rathna Mothkuri, PMP *
Caleb Hodnett, PE
David Lin, ACI
Mohammad Hammoud
Sri Satya Shravya Aninpindi, LEED

CONSTRUCTION INSPECTION

SUPPORT
Jalal Keramat, ACI, CWI, ICC, DSA*
Johnkin Eliyeh-Ordshahi, CWI, ICC, ASNT*
Amir Moayedi, ACI, AWS, ICC, ASNT*
Trajche Trajkovski, ACI, Caltrans*
Joshua Muller, ACI, Caltrans*
Arash Amirkhansarie, AWS, ICC, DSA
John McKenna, ACI, ICC

ENVIRONMENTAL SUPPORT
William P. Larkin, CAC, CDPH LRC I/A*
Ian Dirk, CAC, LRC PM, LRC I/A
Aubrey Cool, PG
Ryan Bast, PG
Scott Bittinger, PG, CEM
Brian Busch
Luke Swickard

TEAM ORGANIZATION
The organization chart below outlines our team members roles and the overall reporting structure and flow of communication. Resumes for key personnel (*) are provided in the following pages. All key personnel resumes shown include staff out of the Alameda office.

TASK MANAGER -

ENVIRONMENTAL
Brandon S. Wilken, PG,QSD/P*
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 Organization
QualificationsB.

Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 15 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025 Organization
QualificationsB
uu

FIRM BACKGROUND
Ninyo & Moore has delivered geotechnical engineering,
environmental consulting, materials testing, and inspection services to public and private sector clients for over 38 years. Recognized and consistently ranked as an ENR Top 500 Design Firm, Ninyo & Moore has grown from a single- office firm to over 600 employees across 16 offices in six states, serving federal, state, and local government
agencies, as well as commercial clients.

Celebrating nearly four decades of excellence, Ninyo &
Moore has become a trusted partner for innovative
geotechnical and environmental solutions. Our NorCal team alone has completed over 8,700 task orders, with nearly 40% of companywide business dedicated to municipal
clients, showcasing our expertise in the public sector. Our commitment to exceptional service, strong management
controls, and unmatched technical expertise has earned us repeat contract awards and frequent task orders, often
involving multiple concurrent projects. Ninyo & Moore
continues to set the industry standard for quality, reliability, and client-focused solutions across all sectors.

PROVEN ON-CALL APPROACH
We are extremely successful in the management of on-call contracts for public entities, as demonstrated by our high rate of contract re-award. We understand the nature of the work required and the importance of offering a comprehensive range of geotechnical, environmental and testing services, in a responsive manner, using project-proven methods. This
improves our response time and mobilization of the qualified individuals to execute the required tasks. We have designed our team with maximum flexibility for demanding project requirements including the assignment of concurrent task orders.

ABILITY TO ACCOMPLISH THE SCOPE OF SERVICES
Our project team is ready to undertake the required
geotechnical and materials testing services immediately upon authorization. We assure the City that we have the adequate staff and the availability to successfully complete each project within the established schedule and budget. Our team
members will be available 100% of the time during the
contract. Our depth of resources coupled with our project approach, which involves a dedicated Project Manager, has supported the completion of a number of projects being
completed within the established schedule and budget.

Detailed project experience is provided in Section C.

SELECT CURRENT

ON-CALL CONTRACTS

W/ LOCAL AGENCIES
• City of Alameda On-Call Geot echnical
Engineering and Construction Testing
•
City of Belmon
t On-Call Materials Testing
•
City of Br
entwood On-Call Geotechnical and
Materials Testing
•
City of Menlo P
ark On-Call Materials Testing
•
City of Oakland PW
A Design And Construction
Administration On-Call Geotechnical
Engineering
•
City of P
acifica Geotechnical Engineering and
Materials Testing
•
City of Pittsbur
g On-Call Geotechnical,
Environmental and Materials Testing
•
City of Richmond As-Needed Cons
truction
Materials Testing Contract
•
City of San Bruno On-Call T
esting and Special
Inspection
•
City of San Carlos On-Call Geot
echnical and
Materials Testing
•
City of San
ta Clara Materials Testing and
Special Inspection
•
City of Seaside Engineering Division On-Call
Geot
echnical Construction Materials Testing
•
City of South San Fr
ancisco On-Call
Geotechnical Engineering and Materials
Testing
•
City of W
alnut Creek On-Call Testing and
Inspection
•
Coun
ty of San Mateo As-Needed Construction
Materials Testing
•
T
own of Los Gatos On-Call Materials Testing
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 16 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

LABORATORY OVERVIEW
Ninyo & Moore will perform all necessary testing services leveraging our local, in-house soils and materials testing laboratory with support from our two additional California laboratories as needed.

Our Materials Testing and Inspection Division is capable of performing a wide variety of materials testing services and maintains a fully-equipped, in-house laboratory. Ninyo & Moore’s laboratories are supervised by registered civil engineers, and meet the requirements of ASTM E329,
ASTM C1077, ASTM D3740, and ASTM D3666.

U
| Selected Lab T esting Capabilities
• 200 W ash
•
Asphalt Con
tent and Density (Hveem
Marshall & Rice)
•
Calif
ornia Bearing Ratio
•
Compr
essive Strength Of Masonry
Prisms
•
Concr
ete Masonry Unit Conformance
•
Dir
ect Shear
•
Expansion Inde
x
•
Expansiv
e Potential And Pressure Of Soil
•
Gr
adation Analysis
•
Hy
droconsolidation
•
Masonr
y Core Shear Strength
•
P
ermeability
•
R
einforcing Steel Bend Testing
•
R V
alue
•
Slab Mois
ture Vapor Emission
•
Specific Gr
avity Of Fine And Course
Aggregates
•
T
riaxial Compression
•
W
et Track Abrasion Testing For Slurry
Seal And REAS
•
Asphalt Concr
ete In-Situ Density, Oil
Content And Gradation
•
A
tterberg Limits
•
Calif
ornia Impact Test
•
Compr
essive Strength Testing Of
Concrete, Mortar And Grout
•
Consolida
tion
•
Emulsion And Mois
ture Content Of
Slurry Seal And REAS
•
Expansion P
otential
•
Fle
xural Strength Of Concrete Beams
•
Hi
gh Strength Bolt Hardness And Tensile
Testing
•
In Place Mois
ture And Density
•
Or
ganic Content Of Soil
•
Pr
octor Density
•
R
oof Tile Strength Conformance Testing
•
Sand E
quivalent
•
Soil Corr
osivity
•
T
ensile Strength Of Steel Coupons
•
Unc
onfined Compression Of Remold
Soils
•
Y
ield, Tensile, Elongation Properties Of
Reinforcing Steel

VALUE-ADDED SERVICES
Ninyo & Moore's wide range of services significantly boosts our capacity to provide quality assurance services for City staff. In addition to the services listed in section A, we offer the following value-added services:
• Geotechnical engineering services to respond quickly
and decisively to unanticipated engineering issues that sometimes arise during project construction.
• Geophysical services to locate existing underground
utilities, tanks, and buried structures; and reinforcing steel in concrete (footings, floor slabs, block walls, etc.). • Environmental services to evaluate hazardous soil and groundwater, asbestos-containing materials, and lead-
based paint coatings.
• Forensic experience to assess the causes and provide
recommendations for repair of soil-related damage that
has occurred to buildings and exterior site improvements.

Ninyo & Moore has a large and experienced staff of registered engineers, geologists, field technicians, inspectors, and environmental staff that are available to immediately
respond to anticipated and unanticipated conditions that are involved in project construction. These staff members are readily available to perform field visits, evaluate observed conditions, and provide supplemental recommendations
when needed.

Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 References, Related Experience and
Examples of WorkC.

Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 17 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

PROJECT DESCRIPTION
Ninyo & Moore provided geotechnical engineering and construction testing services for maintenance and capital improvements projects and peer review of geotechnical aspects of private land development. Projects include street surfacing and reconstructions, sewer and storm drain pipe replacement, shoreline upgrades and repairs, building foundations, lagoon dredging, park improvements, and peer review for the City of Alameda on an on-call basis for four years.

Representative projects include:
• Littlejohn Park Recreation Building
• Alameda New Aquatics Center
• Oakland Harbor Turning Basin Widening
• Estuary Park
• CAT/RAMP 3rd Street Pump Station Project
Additionally, Ninyo & Moore provided a variety of environmental services under this on-call contract including Phase I and II Environmental Site Assessments, Asbestos and Lead Surveys, Hazardous Building Materials Surveys, dust monitoring, and due diligence evaluations.

Representative projects include:
• Estuary Park
• New Aquatics Center
• Harbor Bay Parkway
• Bellena Bridge
• City Hall West

SCOPE OF WORK
Geotechnical Engineering,
Construction Testing Services,
Phase I and II Environmental, Site
Assessments, Hazardous Materials
Building Surveys

PERSONNEL INVOLVED
Peter Connolly, Principal Engineer
Ransom Hennefer, Principal
Engineer
John McKenna, Field Technician
Joshua Muller, Field Technician
Trajche Trajkovski, Field Technician
Jalal Keramat, Special Inspector
Amir Moayedi, Special Inspector
Johnkin Eliyeh-Ordshahi, Special
Inspector
Marlene Watson, Principal
Engineer
Brandon Wilken, Principal
Geologist
Aubrey Cool, Principal Geologist
William Larkin, Principal
Environmental Scientist
Bryan Stienbrueck, Laboratory
Manager

REFERENCE
Matt Nowlen, City of Alameda
(510) 747-7529

CITY OF ALAMEDA GEOTECHNICAL ENGINEERING

AND CONSTRUCTION TESTING SERVICES
Alameda, CA

RELATED EXPERIENCE
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 18 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

PROJECT DESCRIPTION
Ninyo & Moore has provided services as part of an on call contract to the City of Fremont since 2013. As part of these contracts, our firm performed geotechnical evaluations for various City projects including several parks, emergency landslide evaluations, and fault rupture evaluations. Our scope of services for our geotechnical evaluations typically included review of pertinent background data, performance of a geotechnical reconnaissance, subsurface evaluation, laboratory testing, and engineering analysis with regard to the proposed construction. In several instances, the potential for liquefaction was evaluated based on the results of subsurface soil and laboratory data. The results of these studies are provided in geotechnical reports along with conclusions and recommendations for project design.

Ninyo & Moore also provided geotechnical earthwork observation, laboratory testing, and relative compaction field testing services during earthwork operations for several City projects. Field services included drill pier observation, concrete placement inspection, sampling and testing, compaction testing of native and imported material and permeability testing of permeable base rock material.

Laboratory testing services included compression testing of concrete cylinders, conformance tests of permeable base material and proctor density tests of soil.

Representative projects include:
• Centerville Community Park Expansion
• Central Park Multi-Use Community Center
• Morrison Canyon Slope
• Vallejo Mill Historical Park Pickleball Courts
• Central Park Pickleball Courts
• Mill Creek Road Slope

SCOPE OF WORK
Geotechnical Engineering,
Materials Testing and Special
Inspection Services

PERSONNEL INVOLVED
Peter Connolly, Principal Engineer
Ransom Hennefer, Principal
Engineer
John McKenna, Field Technician
Joshua Muller, Field Technician
Trajche Trajkovski, Field Technician
Jalal Keramat, Special Inspector
Amir Moayedi, Special Inspector
Johnkin Eliyeh-Ordshahi, Special
Inspector
Bryan Stienbrueck, Laboratory
Manager

REFERENCE
Mark Mennucci, City of Fremont
(510) 494-4700

CITY OF FREMONT ON-CALL GEOTECHNICAL

ENGINEERING, MATERIALS TESTING AND SPECIAL

INSPECTION SERVICES
Fremont, CA
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 19 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

PROJECT DESCRIPTION
Ninyo & Moore performed geotechnical and material testing services for the City of Berkeley as part of an on-going contract for a variety of projects. Our geotechnical services include review of aerial photographs and geologic maps, geologic and geotechnical site reconnaissance, subsurface investigations, engineering analysis, geotechnical laboratory testing, landslide monitoring, preparation of geotechnical reports, and construction observation and testing services. Our inspection services include inspections during reinforcing steel and concrete placement, structural steel masonry placement inspection, sampling and testing of masonry grout and mortar, structural steel inspection in the fabrication shop and in the field, post installed anchor placement inspection and load testing and fireproofing inspection. Our materials testing services consist of qualification review of aggregate base to check for compliance with project specifications; and compaction testing of subgrade and aggregate base and asphalt concrete, compression testing of concrete cylinders, masonry grout and mortar and pull and torque testing of post installed anchors.

Representative projects include:
•
Willard Park Clubhouse and Restroom Replacement Project • City of Berkeley Transfer Station New Above-Ground Storage Tank • Restroom in Right of Way
• Corporation Yard Maintenance Building

SCOPE OF WORK
Materials Testing and Special
Inspection Services

PERSONNEL

INVOLVED
Marlene Watson, Principal
Engineer
Peter Connolly, Principal Engineer
Ransom Hennefer, Principal
Engineer
John McKenna, Field Technician
Joshua Muller, Field Technician
Trajche Trajkovski, Field Technician
Jalal Keramat, Special Inspector
Amir Moayedi, Special Inspector
Johnkin Eliyeh-Ordshahi, Special
Inspector
Bryan Stienbrueck, Laboratory
Manager

REFERENCE
Francisco Alonso, City of Berkeley
(510) 981-6300

CITY OF BERKELEY ON-CALL GEOTECHNICAL AND

MATERIALS TESTING SERVICES
Berkeley, CA
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 20 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

PROJECT DESCRIPTION
Ninyo & Moore provided Construction Materials Testing services for the Street Rehabilitation project in the City of Oakland, California. This project includes rehabilitation of Broadway Street between 11th & 15th Streets and between 17th & 20th Streets and also involves microsurfacing on Broadway Street between 15th & 17th Streets.

Ninyo & Moore’s services included review of the aggregate base and asphalt mix design submittals to check for compliance with project specifications; compaction testing of sub-grade, aggregate base and asphalt concrete; batch plant inspection for sampling aggregates and oil; sampling hot mix asphalt on the day of paving; and transport of samples to our laboratory for testing. Our laboratory testing services include Proctor Density Test, Sieve Analysis, Sand Equivalent, Durability Index, R-Value, Cleanness Value, Theoretical Maximum Specific Gravity and Density (Rice), Asphalt Binder Content, HMA Moisture Content and Stabilometer Value using Caltrans test methods. One of our Caltrans-certified field technicians was assigned to this project from start to finish and worked closely with City staff to provide test results on a daily basis.

Representative projects also include:
•
Batch B Streets Pavement Coring
• 35th Street Improvements
• Citywide Pavement Resurfacing
• 3 Ballfields Wiring & Lighting
• Fire Station No. 7
• 4930 Stoneridge Court Landslide

SCOPE OF WORK
Materials Testing and Special
Inspection Services

PERSONNEL

INVOLVED
Peter Connolly, Principal Engineer
Ransom Hennefer, Principal
Engineer
John McKenna, Field Technician
Joshua Muller, Field Technician
Trajche Trajkovski, Field Technician
Jalal Keramat, Special Inspector
Amir Moayedi, Special Inspector
Johnkin Eliyeh-Ordshahi, Special
Inspector
Bryan Stienbrueck, Laboratory
Manager

REFERENCE
Sarah Fine, City of Oakland
(510) 238-7131

CITY OF OAKLAND ON-CALL MATERIALS TESTING

AND SPECIAL INSPECTION SERVICES
Oakland, CA
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 21 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

PROJECT DESCRIPTION
Ninyo & Moore was contracted by the City of Vallejo (City) to provide engineering hazardous materials services on an on-call basis. Ninyo & Moore has conducted

projects
for the City of Vallejo from 2019 through the present-day. The projects completed to date have included performance of hazardous building materials surveys (HBMS), and preparation of HBM abatement specifications

Buildings/
facilities included a variety of structures such as a former church/homeless center and various municipal buildings.

Ninyo & Moore has also
conducted Phase
I/II ESAs and provided environmental consulting services for PCB impacted soils.

Ninyo & Moore performed a HBMS for 2118 and 2134-2136 Sacramento Street in Vallejo. The scope of work performed included sampling for suspect ACM and LCM and preparation of abatement specifications for asbestos and lead.

Subsequent to the HBMS, Ninyo & Moore was retained to provide abatement oversight, which included clearance air sampling and preparation of required close-out documents. This project also dealt with a homeless enclave that was set afire during the course of the abatement process. The abatement was delayed, but the project was completed on time and Ninyo & Moore completed the project within budget. Ninyo & Moore also provided abatement oversight for a project site located at 200 Georgia Street in Vallejo. The project included clearance air sampling on an as-needed basis

SCOPE OF WORK
Hazardous Building Materials
Survey

PERSONNEL INVOLVED
William Larkin Principal
Environmental Scientist
Brandon Wilken, Technical Advisor

REFERENCE
Derek Crutchfield, City of Vallejo
(707) 648-8601

CITY OF VALLEJO ON-CALL ENVIRONMENTAL

HAZARDOUS MATERIAL SERVICES
Vallejo, CA
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 22 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

PROJECT DESCRIPTION
Ninyo & Moore was awarded an On-Call Materials Testing and Inspection Services contract in 2019 for a three-year term. Projects under this on-call contract consist of various capital improvement projects including street pavement reconstruction & rehabilitation, pedestrian and traffic signal improvements, building construction and renovation, storm drain and sanitary sewer pipeline and pump station rehabilitation, parks and recreation facilities construction and rehabilitation and curb ramp improvements.

Ninyo & Moore provided geotechnical observation and soil compaction testing for City’s 2020 Pavement Preservation Project which is Federally-Funded and requires to follow Local Assistance Procedures Manual from Caltrans for sampling and testing of subgrade, aggregate base and asphalt concrete material.

The project consists of removal and replacement of failed pavement areas, application of slurry seal surface treatments, installation of rubberized asphalt, replacement of pavement markings, and construction of new ADA-compliant curb ramps. Experienced Caltrans certified technician is assigned to perform sampling of aggregates from the batch plant and deliver to laboratory for conformance testing as well as in place density testing for sub-grade, aggregate base and asphalt concrete along with concrete sampling and testing per Caltrans testing requirements.

Representative projects include:
•
Santa Clara Message Signs
•
Stender Way Junction 60KV Transmission Line
•
Memorex Junction Transmission Line
•
San Thomas Junction
•
Storm Drain Slide Gate Rehabilitation
•
Police Building Chiller Replacement
•
Westside Retention Basin Pump Replacement

SCOPE OF WORK
Materials Testing and Special
Inspection Services

PERSONNEL

INVOLVED
Peter Connolly, Principal Engineer
Ransom Hennefer, Principal
Engineer
John McKenna, Field Technician
Joshua Muller, Field Technician
Trajche Trajkovski, Field Technician
Jalal Keramat, Special Inspector
Amir Moayedi, Special Inspector
Johnkin Eliyeh-Ordshahi, Special
Inspector
Bryan Stienbrueck, Laboratory
Manager

REFERENCE
Kaveh Forouhi, City of Santa Clara
(408) 615-3000

CITY OF SANTA CLARA ON-CALL MATERIALS

TESTING AND SPECIAL INSPECTION SERVICES
Santa Clara, CA
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 23 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

PROJECT DESCRIPTION
Ninyo & Moore was retained by the City of Albany for materials testing during the pavement rehabilitation of multiple city streets in the City of Albany. Ninyo & Moore’s services consisted of earthwork observation and field density testing of fill and asphalt concrete, and performance of laboratory testing to evaluate maximum dry density and moisture content. Ninyo & Moore managed the materials testing scope of the project, coordinating work scheduling with city, providing daily test and field reports, and completing a final grading report summarizing the testing performed on the project. Services also included RFI review and response, submittal review, and liaison with the project team.

Representative projects include:
•
Marin Avenue, Phase I
•
Masonic Intersections
•
Washington Avenue Project, Phase 2
•
2021 Sanitary Sewer Rehabilitation

SCOPE OF WORK
Materials Testing

PERSONNEL

INVOLVED
Ransom Hennefer, Principal
Engineer
Joshua Muller, Field Technician
Bryan Steinbrueck, Laboratory
Manager

REFERENCE
Alison Carrillo, City of Albany
(510) 528-5737

CITY OF ALBANY PAVEMENT REHABILITATION
Albany, CA
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 24 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025

PROJECT DESCRIPTION
Ninyo & Moore performed a geotechnical evaluation for the project which consisted of regrading the park to remove or flatten the existing beams, trail reconfiguration, relocation of the basketball court and play areas, and construction of a new artificial-turf athletic field, new restrooms, skate spot, parking lots, and a community gathering area with a shade pavilion.

For environmental services, Ninyo & Moore has completed a Phase I ESA, Preliminary Endangerment Assessment (PEA), multiple supplemental site investigations, grant support services, and a Remedial Action Plan (RAP) with supporting documents for the 3.1 acre park that is a former ceramics manufacturing facility. Currently the site is in redevelopment. Ninyo & Moore is overseeing the environmental compliance for the project by providing air and dust monitoring services, compliance sampling, and managing stakeholders and the Department of Toxic Substances Control (DTSC) during removal actions at the site.

SCOPE OF WORK
Geotechnical Evaluation,
Environmental Soil Investigation

PERSONNEL INVOLVED
Peter Connolly, Principal Engineer
Ransom Hennefer, Principal
Engineer
Bryan Steinbrueck, Laboratory
Manager
Brandon Wilken, Principal
Geologist
Brian Busch, Principal
Environmental Scientist
Aubrey Cool, Principal Geologist
Ryan Bast, Sr. Project Geologist

REFERENCE
Josef Munoz, City of Richmond
(510) 307-8091

CITY OF RICHMOND BOORMAN PARK
Richmond, CA

PROJECT DESCRIPTION
Ninyo & Moore was retained by the City of Alameda (City) to perform limited hazardous building materials sampling, analysis and reporting related to planned roof renovations at the Mastick Senior Center (MSC) in Alameda, California.

Based upon the sampling implemented by Ninyo & Moore, the City implemented abate-ment activities on the MSC roof. Ninyo & Moore oversaw the abatement activities. During the roof abatement and renovation activities, rain leaked into the MSC roof and complaints were received from MSC personnel and patrons related to potential mold contamination within the interior areas of the MSC. The City then had Ninyo & Moore implement microbial air sampling after cleaning and drying activities were performed by a water restoration contractor hired by the City. The results of the microbial air sampling showed that the affected interior areas of the MSC reflected normal indoor fungal ecologies.

SCOPE OF WORK
Hazardous Building
Materials Survey

PERSONNEL INVOLVED
Brandon Wilken, Technical Advisor
William Larkin, Principal
Environmental Scientist
Stephen Waide, Certified Industrial
Hygienist

REFERENCE
Chandni Patel, City of Alameda
(510) 747-7900

CITY OF ALAMEDA MASTICK SENIOR CENTER
Alameda, CA
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

APPENDIX
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025 A-1
Rate
Schedule
Ninyo & Moore | Project Name | Proposal No. | Date CA15 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 220 Senior Engineer/Geologist/Environmental Scientist ................................................................................................ $ 210 Senior Project Engineer/Geologist/Environmental Scientist .................................................................................... $ 200 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 195 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 180 Staff Engineer/Geologist/Environmental Scientist ................................................................................................... $ 165 GIS Analyst ............................................................................................................................................................... $ 145 Technical Illustrator/CAD Operator .......................................................................................................................... $ 120 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 200 Field Operations Manager ........................................................................................................................................ $ 130 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 125 Supervisory Technician ............................................................................................................................................ $ 120 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................. $ 115 Senior Technician ..................................................................................................................................................... $ 115 Technician ................................................................................................................................................................ $ 110 Administrative Staff
Information Specialist ............................................................................................................................................... $ 100 Geotechnical/Environmental/Laboratory Assistant .................................................................................................. $ 100 Data Processor ......................................................................................................................................................... $ 80 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/h r Anchor Load Test Equipment (includes technician) ............................................................................................ $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer .......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit ............................................................................................................................................... $ 65/kit Nuclear Density Gauge ........................................................................................................................................ $ 15/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................. $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ......................................................................................................................................................... $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses ..................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
Technicians and special inspectors, are charged portal to portal at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours. Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.

The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.

Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025 A-2

Ninyo & Moore | 2024 Laboratory Testing

Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 ............................................................. $ 170 Compression Tests, 6x12 Cylinder, C 39 ................................................... $ 35 California Bearing Ratio (CBR), D 1883 ................................................... $ 550 Concrete Mix Design Review, Job Spec ..................................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422 .................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ............................... $ 850 Consolidation, D 2435, CT 219 ................................................................. $ 300 Concrete Cores, Compression (excludes sampling), C 42 ........................ $ 120 Consolidation, Hydro-Collapse only, D 2435 ........................................... $ 150 Drying Shrinkage, C 157 .............................................................................. $ 400 Consolidation – Time Rate, D 2435, CT 219 ........................................... $ 200 Flexural Test, C 78 ....................................................................................... $ 85 Direct Shear – Remolded, D 3080 ............................................................ $ 350 Flexural Test, C 293 ..................................................................................... $ 85 Direct Shear – Undisturbed, D 3080 ......................................................... $ 300 Flexural Test, CT 523 ................................................................................... $ 95 Durability Index, CT 229 ............................................................................ $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................ $ 275 Expansion Index, D 4829, IBC 18-3 ......................................................... $ 190 Lightweight Concrete Fill, Compression, C 495 ......................................... $ 80 Expansion Potential (Method A), D 4546 ................................................. $ 170 Petrographic Analysis, C 856 ....................................................................... $ 2,000 Geofabric Tensile and Elongation Test, D 4632 ...................................... $ 200 Restrained Expansion of Shrinkage Compensation ................................... $ 450 Hydraulic Conductivity, D 5084 ................................................................. $ 350 Splitting Tensile Strength, C 496 ................................................................. $ 100 Hydrometer Analysis, D 6913, CT 203 ..................................................... $ 220 3x6 Grout, (CLSM), C 39 ............................................................................. $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils .......................... $ 120 2x2x2 Non-Shrink Grout, C 109 ................................................................. $ 55 Moisture Only, D 2216, CT 226 ................................................................ $ 35 Moisture and Density, D 2937 ................................................................... $ 45 ASPHALT Permeability, CH, D 2434, CT 220 ........................................................... $ 300 Air Voids, T 269 ............................................................................................ $ 85 pH and Resistivity, CT 643 ........................................................................ $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ............................. $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ....................... $ 220 Asphalt Mix Design Review, Job Spec ........................................................ $ 180 Proctor Density with Rock Correction D 1557.......................................... $ 340 Dust Proportioning, CT LP-4 ........................................................................ $ 85 R-value, D 2844, CT 301 ........................................................................... $ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 .................... $ 250 Sand Equivalent, D 2419, CT 217 ............................................................ $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Sieve Analysis, D 6913, CT 202 ............................................................... $ 145 Film Stripping, CT 302 .................................................................................. $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 ............................................ $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .......................... $ 225 Specific Gravity, D 854 .............................................................................. $ 125 Marshall Stability, Flow and Unit Weight, T 245 ......................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ........................................... $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 .................................. $ 150 Triaxial Shear, C.D, D 4767, T 297 ........................................................... $ 550 Moisture Content, CT 370 ............................................................................ $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 ............. $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ....................... $ 35 0 Slurry Wet Track Abrasion, D 3910 ............................................................. $ 150 Triaxial Shear, U.U., D 2850 ..................................................................... $ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality) .................. $ 4,900 Unconfined Compression, D 2166, T 208 ................................................ $ 180 Superpave, Gyratory Unit Wt., T 312 .......................................................... $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ................................. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 ............................................. $ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ........... $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 .............................................. $ 90 Brick Compression Test, C 67 .................................................................. $ 55 Voids filled with Asphalt, (VFA) CT LP-3 ..................................................... $ 90 Brick Efflorescence, C 67 .......................................................................... $ 55 Wax Density, D 1188 ................................................................................... $ 140 Brick Modulus of Rupture, C 67 ................................................................ $ 50 Brick Moisture as received, C 67 .............................................................. $ 45 AGGREGATES Brick Saturation Coefficient, C 67 ............................................................. $ 60 Clay Lumps and Friable Particles, C 142 .................................................... $ 180 Concrete Block Compression Test, 8x8x16, C 140 ................................. $ 70 Cleanness Value, CT 227 ............................................................................ $ 180 Concrete Block Conformance Package, C 90 ......................................... $ 500 Crushed Particles, CT 205 ........................................................................... $ 175 Concrete Block Linear Shrinkage, C 426 ................................................. $ 200 Durability, Coarse or Fine, CT 229 .............................................................. $ 205 Concrete Block Unit Weight and Absorption, C 140 ................................ $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 Cores, Compression or Shear Bond, CA Code ....................................... $ 70 Flat and Elongated Particle, D 4791 ............................................................ $ 220 Masonry Grout, 3x3x6 prism compression, C 39 .................................... $ 45 Lightweight Particles, C 123 ......................................................................... $ 180 Masonry Mortar, 2x2 cube compression, C 109 ...................................... $ 35 Los Angeles Abrasion, C 131 or C 535 ....................................................... $ 200 Masonry Prism, half size, compression, C 1019 ...................................... $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................. $ 90 Masonry Prism, Full size, compression, C 1019 ...................................... $ 200 Organic Impurities, C 40 ............................................................................... $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ............... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 .................... $ 950 Chemical Analysis, A 36, A 615 ................................................................ $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ................... $ 475 Fireproofing Density Test, UBC 7-6 .......................................................... $ 90 Sand Equivalent, T 176, CT 217 ................................................................. $ 125 Hardness Test, Rockwell, A 370 ............................................................... $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ........................................ $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................. $ 145 per assembly, A 325 ............................................................................. $ 150 Sodium Sulfate Soundness, C 88 ................................................................ $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ............................... $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .......................... $ 115 Pre-Stress Strand (7 wire), A 416 ............................................................. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ............................... $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 ..................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ........................ $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ...................... $ 80 Roofing Tile Absorption, (set of 5), C 67 ..................................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................. $ 250

Special preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures.

Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 G
Ninyo & Moore | RFP for On-Call Geotechnical Engineering and Construction Testing Services | P08OAK02-00846 | April 7, 2025 1301 Marina Village Parkway, Suite 110 | Alameda, California 94501 | p. 510.343.3000 | f. 510.343.3001 ARIZONA | CALIFORNIA | COLORADO | NEVADA | TEXAS | UTAH +
ninyoandmoore.com
Exhibit A
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
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).

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.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/7/2025
Cavignac
451 A Street, Suite 1800
San Diego CA 92101
Certificate Department
619-234-6848
619-234-8601
[email protected]
Travelers Property Casualty Company of America
25674
NINY&MO-01
Pacific Insurance Company, Ltd
10046
Ninyo & Moore Geotechnical & Environmental Sciences Consultants 1301 Marina Village Parkway, Suite 110
Alameda, CA 94501
1889956548
A
X
1,000,000
X
1,000,000
X
Contractual Liab
10,000
X
Separation of in
1,000,000
2,000,000
X
Y
Y
6308986R247
10/3/2024
10/3/2025
2,000,000
A
1,000,000
X
Y
Y
8107N033091
10/3/2024
10/3/2025
A
X
X
10,000,000
CUP9J428527
10/3/2024
10/3/2025
10,000,000
X
0 A
X
N
Y
UB6P428399
5/1/2025
5/1/2026
1,000,000
1,000,000
1,000,000
B
Professional/ Pollution Liability
72OH068190524
10/3/2024
10/3/2025
Each Claim
Aggregate
$5,000,000
$5,000,000
Re: CITY OF ALAMEDA/ON CALL GEO AND CMT 08OAK02-00846. Additional Insured coverage applies to General Liability, Auto Liability for CITY OF ALAMEDA, its City Council, boards, commissions, officials, employees, agents, and volunteers per policy form. Primary coverage applies to General Liability and Automobile Liability per policy form. Waiver of subrogation applies to General Liability, Automobile Liability, and Workers Compensation per policy form.

Excess/Umbrella policy follows form over underlying policies: General Liability, Auto Liability & Employers Liability (additional insured and waiver of subrogation apply when afforded on underlying policies). Professional Liability - Claims made form, defense costs included within limit. If the insurance company elects to cancel or non-renew coverage for any reason other than nonpayment of premium they will provide 30 days notice of such cancellation or nonrenewal.

CITY OF ALAMEDA
950 W. Mall Square, Room 110
ALAMEDA CA 94501
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 5/12/2025

COMMERCIAL AUTO
This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
CA T3 53 02 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS AUTO EXTENSION ENDORSEMENT

Page 1 of 4 ends

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.

A. BROAD FORM NAMED INSURED
B. BLANKET ADDITIONAL INSURED
C. EMPLOYEE HIRED AUTO
D. EMPLOYEES AS INSURED
E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS
F. HIRED AUTO – LIMITED WORLDWIDE COV-
ERAGE – INDEMNITY BASIS
G. WAIVER OF DEDUCTIBLE – GLASS

PROVISIONS
A. BROAD FORM NAMED INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:

Any organization you newly acquire or form dur-
ing the policy period over which you maintain
50% or more ownership interest and that is not
separately insured for Business Auto Coverage.

Coverage under this provision is afforded only un-
til the 180th day after you acquire or form the or-
ganization or the end of the policy period, which-
ever is earlier.

B. BLANKET ADDITIONAL INSURED
The following is added to Paragraph c. in A.1.,
Who Is An Insured , of SECTION II – COVERED
AUTOS LIABILITY COVERAGE:

Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Covered Autos
Liability Coverage, but only for damages to which
H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF
USE – INCREASED LIMIT
I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT
J. PERSONAL PROPERTY
K. AIRBAGS
L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
M. BLANKET WAIVER OF SUBROGATION
N. UNINTENTIONAL ERRORS OR OMISSIONS
this insurance applies and only to the extent that
person or organization qualifies as an "insured"
under the Who Is An Insured provision contained
in Section II.

C. EMPLOYEE HIRED AUTO

1. The following is added to Paragraph A.1.,
Who Is An Insured , of SECTION II – COV-
ERED AUTOS LIABILITY COVERAGE:

An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a
contract or agreement in an "employee's"
name, with your permission, while performing
duties related to the conduct of your busi-
ness.

2. The following replaces Paragraph b. in B.5.,
Other Insurance , of SECTION IV – BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
ered "autos" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
an "employee's" name, with your
Policy No. 8107N033091
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

COMMERCIAL AUTO
CA T3 53 02 15Page 2 of 4 © 2015 The Travelers Indemnity Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc. with its permission. permission, while performing duties
related to the conduct of your busi-
ness.

However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto".

D. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION II – COVERED AUTOS
LIABILITY COVERAGE:

Any "employee" of yours is an "insured" while us-
ing a covered "auto" you don't own, hire or borrow
in your business or your personal affairs.

E. SUPPLEMENTARY PAYMENTS – INCREASED
LIMITS

1. The following replaces Paragraph A.2.a.(2),
of SECTION II – COVERED AUTOS LIABIL-
ITY COVERAGE:
(2) Up to $3,000 for cost of bail bonds (in-
cluding bonds for related traffic law viola-
tions) required because of an "accident"
we cover. We do not have to furnish
these bonds.

2. The following replaces Paragraph A.2.a.(4),
of SECTION II – COVERED AUTOS LIABIL-
ITY COVERAGE:
(4) All reasonable expenses incurred by the
"insured" at our request, including actual
loss of earnings up to $500 a day be-
cause of time off from work.

F. HIRED AUTO – LIMITED WORLDWIDE COV-
ERAGE – INDEMNITY BASIS
The following replaces Subparagraph (5) in Para-
graph B.7., Policy Period, Coverage Territory ,
of SECTION IV – BUSINESS AUTO CONDI-
TIONS:
(5) Anywhere in the world, except any country or
jurisdiction while any trade sanction, em-
bargo, or similar regulation imposed by the
United States of America applies to and pro-
hibits the transaction of business with or
within such country or jurisdiction, for Cov-
ered Autos Liability Coverage for any covered
"auto" that you lease, hire, rent or borrow
without a driver for a period of 30 days or less
and that is not an "auto" you lease, hire, rent
or borrow from any of your "employees",
partners (if you are a partnership), members
(if you are a limited liability company) or
members of their households.
(a) With respect to any claim made or "suit"
brought outside the United States of
America, the territories and possessions
of the United States of America, Puerto
Rico and Canada:
(i) You must arrange to defend the "in-
sured" against, and investigate or set-
tle any such claim or "suit" and keep
us advised of all proceedings and ac-
tions.
(ii) Neither you nor any other involved
"insured" will make any settlement
without our consent.
(iii) We may, at our discretion, participate
in defending the "insured" against, or
in the settlement of, any claim or
"suit".
(iv) We will reimburse the "insured" for
sums that the "insured" legally must
pay as damages because of "bodily
injury" or "property damage" to which
this insurance applies, that the "in-
sured" pays with our consent, but
only up to the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II – COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured" for
the reasonable expenses incurred
with our consent for your investiga-
tion of such claims and your defense
of the "insured" against any such
"suit", but only up to and included
within the limit described in Para-
graph C., Limits Of Insurance, of
SECTION II – COVERED AUTOS
LIABILITY COVERAGE, and not in
addition to such limit. Our duty to
make such payments ends when we
have used up the applicable limit of
insurance in payments for damages,
settlements or defense expenses.
(b) This insurance is excess over any valid
and collectible other insurance available
to the "insured" whether primary, excess,
contingent or on any other basis.
(c) This insurance is not a substitute for re-
quired or compulsory insurance in any
country outside the United States, its ter-
ritories and possessions, Puerto Rico and
Canada.

Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

COMMERCIAL AUTO
CA T3 53 02 15 Page 3 of 4
Includes copyrighted material of Insurance Services Office, Inc. with its permission. © 2015 The Travelers Indemnity Company. All rights reserved.

You agree to maintain all required or
compulsory insurance in any such coun-
try up to the minimum limits required by
local law. Your failure to comply with
compulsory insurance requirements will
not invalidate the coverage afforded by
this policy, but we will only be liable to the
same extent we would have been liable
had you complied with the compulsory in-
surance requirements.
(d) It is understood that we are not an admit-
ted or authorized insurer outside the
United States of America, its territories
and possessions, Puerto Rico and Can-
ada. We assume no responsibility for the
furnishing of certificates of insurance, or
for compliance in any way with the laws
of other countries relating to insurance.

G. WAIVER OF DEDUCTIBLE – GLASS
The following is added to Paragraph D., Deducti-
ble, of SECTION III – PHYSICAL DAMAGE
COVERAGE:

No deductible for a covered "auto" will apply to
glass damage if the glass is repaired rather than
replaced.

H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF
USE – INCREASED LIMIT
The following replaces the last sentence of Para-
graph A.4.b., Loss Of Use Expenses , of SEC-
TION III – PHYSICAL DAMAGE COVERAGE:

However, the most we will pay for any expenses
for loss of use is $65 per day, to a maximum of
$750 for any one "accident".

I. PHYSICAL DAMAGE – TRANSPORTATION
EXPENSES – INCREASED LIMIT
The following replaces the first sentence in Para-
graph A.4.a., Transportation Expenses , of
SECTION III – PHYSICAL DAMAGE COVER-
AGE:

We will pay up to $50 per day to a maximum of
$1,500 for temporary transportation expense in-
curred by you because of the total theft of a cov-
ered "auto" of the private passenger type.

J. PERSONAL PROPERTY
The following is added to Paragraph A.4., Cover-
age Extensions , of SECTION III – PHYSICAL
DAMAGE COVERAGE:

Personal Property
We will pay up to $400 for "loss" to wearing ap-
parel and other personal property which is:
(1) Owned by an "insured"; and
(2) In or on your covered "auto".

This coverage applies only in the event of a total
theft of your covered "auto".

No deductibles apply to this Personal Property
coverage.

K. AIRBAGS
The following is added to Paragraph B.3., Exclu-
sions, of SECTION III – PHYSICAL DAMAGE
COVERAGE:

Exclusion 3.a. does not apply to "loss" to one or
more airbags in a covered "auto" you own that in-
flate due to a cause other than a cause of "loss"
set forth in Paragraphs A.1.b. and A.1.c., but
only:
a. If that "auto" is a covered "auto" for Compre-
hensive Coverage under this policy;
b.

The airbags are not covered under any war-
ranty; and
c. The airbags were not intentionally inflated.

We will pay up to a maximum of $1,000 for any
one "loss".

L. NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The following is added to Paragraph A.2.a., of
SECTION IV – BUSINESS AUTO CONDITIONS:

Your duty to give us or our authorized representa-
tive prompt notice of the "accident" or "loss" ap-
plies only when the "accident" or "loss" is known
to:
(a) You (if you are an individual);
(b) A partner (if you are a partnership);
(c) A member (if you are a limited liability com-
pany);
(d) An executive officer, director or insurance
manager (if you are a corporation or other or-
ganization); or
(e) Any "employee" authorized by you to give no-
tice of the "accident" or "loss".

M. BLANKET WAIVER OF SUBROGATION
The following replaces Paragraph A.5., Transfer
Of Rights Of Recovery Against Others To Us ,
of SECTION IV – BUSINESS AUTO CONDI-
TIONS :

5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex-
tent required of you by a written contract
signed and executed prior to any "accident"
or "loss", provided that the "accident" or "loss"
arises out of operations contemplated by
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

COMMERCIAL AUTO
CA T3 53 02 15Page 4 of 4 © 2015 The Travelers Indemnity Compa ny. All rights reserved .

Includes copyrighted material of Insurance Services Office, Inc. with its permission. such contract. The waiver applies only to the
person or organization designated in such
contract.

N. UNINTENTIONAL ERRORS OR OMISSIONS
The following is added to Paragraph B.2., Con-
cealment, Misrepresentation, Or Fraud , of
SECTION IV – BUSINESS AUTO CONDITIONS:

The unintentional omission of, or unintentional
error in, any information given by you shall not
prejudice your rights under this insurance. How-
ever this provision does not affect our right to col-
lect additional premium or exercise our right of
cancellation or non-renewal.

Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET ADDITIONAL INSURED – PRIMARY AND

NON-CONTRIBUTORY WITH OTHER INSURANCE
© 2016 The Travelers Indemnity Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Page 1 of 1 ends

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

PROVISIONS

1. The following is added to Paragraph A.1.c., Who
Is An Insured , of SECTION ll – COVERED
AUTOS LIABILITY COVERAGE:

This includes any person or organization who you
are required under a written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, to name
as an additional insured for Covered Autos
Liability Coverage, but only for damages to which
this insurance applies and only to the extent of
that person's or organization's liability for the
conduct of another "insured".

2. The following is added to Paragraph B.5., Other
Insurance of SECTION IV – BUSINESS AUTO
CONDITIONS:

Regardless of the provisions of paragraph a. and
paragraph d. of this part 5. Other Insurance, this
insurance is primary to and non-contributory with
applicable other insurance under which an
additional insured person or organization is the
first named insured when the written contract or
agreement between you and that person or
organization, that is signed by you before the
"bodily injury" or "property damage" occurs and
that is in effect during the policy period, requires
this insurance to be primary and non-contributory.

Policy No. 8107N033091
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 430-'= 291&)6
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9/30/20246308986R247
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

COMM RCIAL E ERAL IAB LITYEG N L I
c. Meth d O h rin a.of S a g The sta e e t in th a etmn s e r a cura e a d co p e ect nm l t ;If a l o the o he i sura ce pe m t co t i ut olf tr n n r i s n r b i n by e u l sha e , w i l fo l w t i m t o l oqa rs e w l l o h s e hd a s. b. Tho e sta e e ts a e ba e upost m n r s d n Und r th s e ch in ure co t i ut s re re e t ti n y ue i a s r n r b e p s n a o s o a e to us; n md ad eu a a on su n t li th a p a di t ap l c alqlm u t i s i sp ib e c. We ha e i sue th s po i y i re i n e up nvs d i l cn l a c o l m t o in ura ce o no e o th l ss re a ns,i ifs n r n fe o m i y ur e re e ta i ns.or p s n t o The uni te ti n l o i sio o , o uni t n i na e ron noa m s n f r n et o l r r If a y o th o h r i sura ce do s no pe m tnf e t e n n e tr i i , a y i f rm ti n pro i e by y u whi h we re i dnnn oa o v d d o c l e co tr bu i n by e u l sha e , we wi l co t i utni t o qa rs l n r b e up n i issui g th s po i y wi l no pre u i e y uon n i l c l t j d c o r by l m t . Und r th s m t o , e ch i sure 'sii s e i e h d a n r ri ht unde th s in ura ce Ho e e , thi pro i i ngs r i s n . w v r s v s o sha e is ba e o the ra i o i s a p i a l i irs d n t o f t p l c b e l m t do s no a f ct o r ri h to co l ct a di i n let f e u g t l e d t o a o in ura ce to th to a a pl ca l li i s ofsn et l p i b e m t f pre i m o to e e ci e o r rig t o ca ce l t o omu r x r s u hs f n lai n r i sura ce o l nsure s.nnf a l i r no re e a i cco d nce w t pp i a l n ura cen n w l na r a iha lc bei s n d P i a y And No -Co trib t ry In u an e If.r m r nnu o s r c lw s o eu lt os .ar r g a i n Req i ed B Wri te o tracur y t nC n t 7. Se arat o f n u edp in OIsr s If y u spe i i a l a re i a wri t n co t a t oo cfc ly g e n te nr c r Ex e t wi h re pe t to the Li i s o In ura ce a dcp t s c m t f s n , n a re m nt tha the i sura ce a fo d d to agee t n n fr e n a y ri h s o du i s a sig e i th sng trt e s n d n i i sure un e hi Co e a e Pa t m st p l nnd d r t s v r gr u a p y o Co e a e Pa t to the fi st Na e Insure , th svrg r r md d i a pri a y ba i , o a pri a y a d no -mr s s r mr n n i sura ce a pl e :nnp i s co tr bu o y ba is, th s i sura ce is pri a y toni tr s i n n mr a. As i e ch Na e In ure we e the o lfa m d sd r n yo h r in ura ce th t i a a l bl ote s n a s vi a e t Na e n ure ; ndmd Is dawhi h o e s such n ure a a n m d i sure ,cc v r i s ds ae n d b. Se a a e y to e ch in ure a a n t who cl iprtl a s d gis m a ma d we wil no sha e wi h th t o h r in ura cenl t r t a t e s n , i m d o "sui " i b o g tsa e r t s r u h .pro i e ha :vd d t t

8. Tra sfe O i h s O e o ery Ag i s t ersn r fRg t fR c v an tOh(1) The "bo i y i j ry o "pro e ty da a e fodl nu " r p r m g " r To Uswhi h co e a e i so gh o cur ; ndcv r g s u t c s a If the i sure ha ri h s to re o e a l o pa t o a ynd s g t c v r l r r f n(2) The "pe so a a d a v rt sin i j ry forn ln d e i g n u " r pa m n we ha e m d unde thi Co e a e Pa tye t v a e r s v r g r ,whi h co e a e is so gh i ca se by acv r g u t s u d n th se ri ht a e tra sfe re t us. he i sure ustog s rn r d oT nd mo f es e tai c o m t e;fn h t s mi t d do no h ng a te l ss to i p i th m At o r re u st,ti f ro ma r e . u qesubse u nt to the si n ng o tha co tr ct oqe gi f t na r th i sure wi l bri g "sui " o tra sfe tho e ri h sen d l n t r n r s gta re m nt by y ugee o . to us a d h l s e f rce t e .ne p un o h m

5. P e i m Au irm u d t 9. Wh n We D N t en weo o R e
a. We wi l co p t a l p e i m f r h s Co e a elm u e l r m u s o t i v r g If we d ci e n t o r n w h s Co e a e P rt e wi led o t e e t i v r g a, w lPa t i cco d nce w t ur u e a d a e .rn a r a i h o r l snr t s m i o de i e to th fi st Na e In ure sho n inal r lv r e r m d s d w b. Pre i m sho n in th s Co e a e Pa t amu w i v r g r s th De l ra i n wri te no i e o the no r n wae c a t os t n t c f n ee l a v nce pre i m i a de o i pr m um o l . Ad a mu s p st e i ny t no l ss th n 0 da s be o e t e e pi a i n da ete a 3 y fr h x rt o t. th clo e o e ch a d t pe i d we wi l co p tes f a u ir o lm u e If no i e is m i e , pro f o m i i g wi l be suffi i ntc al d o f aln l ce tth e rn d pre i m fo th t pe i d a d se dea e m u r a r o n n pro f f o i eoont c.no i e t th fi st Na e I sure . The du da etc o e r m d n d e t SE TI N V – D F N T O SCO E I I I Nfo a di a d re ro pe ti e p e i m i t e d trutn ts c v r m us s h a e

1. "shown as the due date on the bill. If the sum of Ad e t se e t" m a s a no i e th t s br a ca t ov r i m ne n t ca io d s r pu l she to the ge e a pub i o spe i i m rbi d n r l lc r cfc athe advance and audit premiums paid for the k t e po i y pe i d is gre te tha the e rn dlc ro a r n a e se m nt a o t y ur go ds, pro u ts o ser i eges b u o o d c r v c s fo th purp se o a t a g custo e s ore o f t r m r rpremium, we will return the excess to the first Na e nsure . supp rt r . o h p r o e o hi de i i i nm d I d o e s F r t eu p s sf ts f n t o :
c. The fi st Na e In ure m st k e re o d or m ds du e pc r s f a. No i e th t a e publ she i cl de m t r atc s a r i d n u aei l th in o m t o we ne d fo pre i m pl ce o the Int rn t o oe fr a in e r m u a d n e e r ns i m lr ia co p t ti n a d se d us co i s a such t m sm u a o ,n n p e t ie mas oc o mn ia in ; aden f m u ct o n a we m y re u st.sa q e b. Re a di g we sit s, o l tha pa t o a we si egr n b e n y t r f b t

6. Rep es n ati nre to s th t is a o t y u go d , pro u ts o se v ceab u o r o s d c r r i s fo th pur o e o a t a custo e s ore p s s f t r m r rBy ti g t i p l cy o gre :pn h s o i , yu a e supp rt r i co si e e a a v rt se e toe ss ndrd n d ei mn .

Pa e 16 o 21gf CG 1 0 02 1T0 9© 2017 The Travelers Indemnity Company. All rights reserved.

Includes copyrighted material of Insurance Services Office, Inc. with its permission. approach
specifically
ctin
cting
electronic
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whichever comes first.

Declarations
such insured
Policy No. 6308986R247
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

COMMERCIAL GENERAL LIABILITY
occupational therapist or occupational that is available to any of your "employees" for "bodily injury" that arises out of providingtherapy assistant, physical therapist or or failing to provide "incidental medicalspeech-language pathologist; or services" to any person to the extent not(b) First aid or "Good Samaritan services" 2.a.(1) IIsubject to Paragraph of Section –by any of your "employees" or "volunteer Who Is An Insured.workers", other than an employed or K. MEDICAL PAYMENTS – INCREASED LIMITvolunteer doctor. Any such "employees" or "volunteer workers" providing or failing 7.The following replaces Paragraph ofto provide fi rst aid or "Good Samaritan SECTION III – LIMITS OF INSURANCE:services" during their work hours for you

7. 5.Subject to Paragraph above, the Medicalwill be deemed to be acting within the scope of their employment by you or Expense Limit is the most we will pay under performing duties related to the conduct CCoverage for all medical expenses of your business. because of "bodily injury" sustained by any

3. one person, and will be the higher of:The following replaces the last sentence of

5. SECTION III – LIMITS OFParagraph of a. $10,000; orINSURANCE:
b. The amount shown in the Declarations ofFor the purposes of determining the this Coverage Part for Medical Expenseapplicable Each Occurrence Limit, all related Limit.acts or omissions committed in providing or failing to provide "incidental medical L. AMENDMENT OF EXCESS INSURANCE services", first aid or "Good Samaritan CONDITION – PROFESSIONAL LIABILITY services" to any one person will be deemed 4.b.The following is added to Paragraph ,to be one "occurrence". Excess Insurance SECTION IV –, of4. The following exclusion is added to COMMERCIAL GENERAL LIABILITY

2. Exclusions SECTION I –Paragraph , , of CONDITIONS:

COVERAGES – COVERAGE A – BODILY This insurance is excess over any of the otherINJURY AND PROPERTY DAMAGE insurance, whether primary, excess, contingentLIABILITY:
or on any other basis, that is ProfessionalSale Of Pharmaceuticals Liability or similar coverage, to the extent the "Bodily injury" or "property damage" arising loss is not sub ject to the pr ofessional services out of the violation of a penal statute or ABexclusion of Coverage or Coverage . ordinance relating to the sale of M. BLANKET WAIVER OF SUBROGATION –pharmaceuticals committed by, or with the WHEN REQUIRED BY WRITTEN CONTRACTknowledge or consent of the insured. OR AGREEMENT5. DEFINITIONSThe following is added to the

8. TransferThe following is added to Paragraph ,Section:

Of Rights Of Recovery Against Others To Us ,"Incidental medical services" means: SECTION IV – COMMERCIAL GENERALof a. Medical, surgical, dental, laboratory, x- LIABILITY CONDITIONS:
ray or nursing service or treatment, If the insured has agreed in a written contract oradvice or instruction, or the related agreement to waive that insured's right offurnishing of food or beverages; or recovery against any person or organization, we b. The furnishing or dispensing of drugs or waive our right of recovery against such personmedical, dental, or surgical supplies or or organization, but only for payments we makeappliances. because of:

6. 4.b.The following is added to Paragraph , a. "Bodily injury" or "property damage" thatExcess Insurance SECTION IV –, of occurs; orCOMMERCIAL GENERAL LIABILITY b. "Personal and advertising injury" caused byCONDITIONS:
an offense that is committed;This insurance is excess over any valid and collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement.

CG D3 79 02 19 P a g e5o f6
© 2017 The Travelers Indemnity Company. All righ ts reserved.

Includes copyrighted material of Insurance Services Office, Inc. with its permission.

Policy No. 6308986R247
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

COMMERC GENERAL L ITYIAL IABIL
POLICY : ISSUE D :NUMBER ATE
THIS ENDORSEMENT CHA OLICY. PLEASE READ I EFULLYNGES THE P T CAR

DESIGNATED PROJECT(S)

GENERAL AGGREGATE LIMIT
This endorsement i ies insurance pro ided under t folmod f v he lowing:

COMMERC GENERAL L ITY VERA AIAL IABIL CO GE P RT

SCHEDULE
Designated jectPro
Designated Pro General Aggregate(s):ject(s):

A. 3. COVERAGE A.For al sums which the insured becomes legal Any payments made underl ly obligated to pay as damages caused by "occur- for da or under for mages COVERAGE C. rences" under , and med e shall reduce the DesiCOVERAGE A. (SECT IION ) ical xpenses g- for al med e s caused by accidents un- nated Projec General Aggregate L m forl ical xpense t i it der , which can be that designated "project". Such paymentsCOVERAGE C (SEC I I)TO N attr only to operations at a single desig- shall not reduce the General Aggregate Limibuted it nated "project shown in the Schedule abo e:"v shown in the Declarat nor shall they re-ions duce any other Designated Pro Generalject 1. A separate Designated Project General Ag- Aggregate Li it fo any other designatedmr gregate Li it app designated "pro-m lies to each "project" n in the dule abo e.show Sche vject" and that l m is equal to the amount of, i it the General Aggregate Li t shown in the The l m shown in the Declarations formi i its 4. Each Declarat unless separateions, Designated Occurrence, Damage T Premises Reo nted Project General Ag T Yo and Me Expegregate(s) o u dical nseare sche continue tod- uled abo .ve apply. Howe instead o be subject tover, f ing the General Aggregate Li t shown in themi2. The Designated Project General Aggregate Declarat such li its will be subject to theions, mLi it is the most we will pay for the sum o almf l applicab Designated Project General Ag-le damages under , exceptCOVERAGE A. gregate Li itm.damages because of "bodil in " or "prop-y jury erty damage inc in the "products- For al sums which the insured becomes legal" luded l ly B. comp operations hazard , and for med obligated to pay as damages caused by "occur-leted " i- cal expenses under , regar rences" under , andCOVERAGE C COVERAGE A. (SECT Id- ION ) less of the onumber f: for al med e s caused by accidents un-l ical xpense der , which cannotCOVERAGE C. (SEC ON I)TIa. Insureds;
be attribu only to operations at a sing desited le g-b. Clai made or "suits" brought; orms nated "project shown in the Schedule abo e:"v c. Persons or organizations m ing cla msak i
or bringing "suits".

CG D2 11 01 04 Copyright, Tra elers Inde ity mpany, 2004 Page 1 oThe v mn Co f 2 Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

COMMERC GENERAL L ITYIAL IABIL

1. COVERAGE A.Any payments made under v ded, any pa ments for da because ofi y mages for da or under for "bodily injury or "property damage" inmages " COVERAGE C. med e shall reduce the amount the "products-comp o erat hazard" willical xpenses leted p ions a ilab under the General Aggregate Lim reduce the Products Comp Operat Ag-va le it - leted ions or the Products Completed Operat Ag- gregate Li t, and not reduce the General Aggre-- ions mi gregate Li it ver is applic bm , whiche a le; and gate Li it nor the Designated Pro Generalm ject Aggregate Li itm.2. Such payments shall not reduce any Desig- nated Projec General Aggregate L m .t i it E. Defi i-For the purposes of this endorsement the n tio Sections n is amended by the addit of theion C. 2. SEC ION I – LI T OFPart of T II MI S INSURANCE fo lowing def itl in ion:is deleted and rep folaced by the llowing:
"Projec " means an area away fro pre isestm m2. The General Aggregate Li i is the most wemt owned by or rented to you at which you are per-will for o :pay the sum f for ing oper t pursuant to a contract orm a ions a. Coverage BDamages under ; and agreement. For the purposes of deter ing themin b. Damages f m "occurrences" under applicab aggregate li t o insurance, eachro le mi f COVERAGE A (SECT I)ION and for al "project" that includes prem in l i thel ises vo v ng med e caused by accidents same or connecting lots, or prem whose con-ical xpenses ises under which nection is interrupted only by a street, roadway,COVERAGE C ( T I)SEC ION cannot be attr buted only to operat at waterway or right of way of a railroad shall bei ions - - considered a single "projec ".ta single designated "project" shown in the SCHEDULE abo e.v F. SEC ION I – LIM T OFThe pro ons ofvisi TI I I S D. INSURANCEW co erage for liab li arising out o the not otherwise modi ied by this en-hen v i ty f f dorsement shall to applycontinue as stipulated."products-comple operations hazard is pro-ted "

Page 2 ends

included
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232 All other terms and conditions of this policy remain unchanged.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective Policy No. Endorsement No.

Insured Premium $
Countersigned by

WORKERS COMPENSATION
AND

EMPLOYERS LIABILITY POLICY
ENDORSEMENT WC 99 06 R4 (00) -
POLICY NUMBER:
127,&(2)&$1&(//$7,21251215(1(:$/
72'(6,*1$7('3(562162525*$1,=$7,216

SCHEDULE
Name and Address of Designated Persons or Organizations: Number of Days Notice:

The following is added to PART SIX – CONDITIONS :

Notice Of Cancellation Or Nonrenewal To Designated Persons Or Organizations If we cancel or non-renew this policy for any reason other than non-payment of premium by you, we will provide notice of such cancellation or non-renewal to each person or organization designated in the Schedule below. We will mail or deliver such notice to each person or organization at its listed address at least the number of days shown for that person or organization before the cancellation or nonrenewal is to take effect.

You are responsible for providing us with the information necessary to accurately complete the Schedule below.

If we cannot mail or deliver a notice of cancellation or nonrenewal to a designated person or organization because the name or address of such designated person or organization provided to us is not accurate or complete, we have no responsibility to mail, deliver or otherwise notify such designated person or organization of the cancellation or nonrenewal.

ONE TOWER SQUARE
HARTFORD CT 06183
UB-6P428399-24-43-G
002

ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A

WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OR NONRENEWAL OF THIS POLICY WILL BE GIVEN, BUT ONLY IF:

1. YOU SEE TO IT THAT WE RECEIVE A WRITTEN REQUEST TO PROVIDE

SUCH NOTICE, INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR

ORGANIZATION, AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OR NONRENEWAL OF THIS POLICY; AND

2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE

BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT.

ADDRESS:

THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US.
30 ofPage 1
Insurance Company
DATE OF ISSUE: 04/29/25 ST ASSIGN:
‹7KH7UDYHOHUV,QGHPQLW\&RPSDQ\$OOULJKWVUHVHUYHG 1 Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

WORKERS COMPENSATION

%/$1.(7:$,9(5

:$,9(52)2855,*+7725(&29(5)52027+(56
POLICY NUMBER:

AND

EMPLOYERS LIABILITY POLICY
(1'256(0(17±&$/,)251,$
ENDORSEMENT WC 99 03 76 ( A) -
UB-6P428399-24-43-G
HARTFORD CT 06183

ONE TOWER SQUARE
001
Schedule
Job DescriptionPerson or Organization
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule.

The additional premium for this endorsement shall be % of the California workers' compensation pre- mium.

2.00 ENGINEERING FIRMANY PERSON OR ORGANIZATION FOR

WHICH THE INSURED HAS AGREED

BY WRITTEN CONTRACT EXECUTED

PRIOR TO LOSS TO FURNISH THIS
WAIVER.

INCLUDING:

WAIVER OF SUBBROGATION. FIED
CHANRGE IN CA .02
Countersigned byInsurance Company
PremiumInsured
Endorsement No.Policy No.Endorsement Effective
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
ST ASSIGN: Page ofDATE OF ISSUE: 04/29/25 11
Docusign Envelope ID: 67BCD4E8-F9A9-4A2A-8300-2D4E59E66232

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