The URL can be used to link to this page

Home My WebLink About25-090 Consor PMCM Inc_Amendment #1 dated 5-06-26 for Construction Management Services for 2025 Slurry Seal_Fog Seal ProjectFIRST AMENDMENT TO AGREEMENT 1075 BETWEEN THE CITY OF CUPERTINO AND CONSOR PMCM. INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR 2025 SLURRY SEAL/FOG SEAL PROJECT This First Amendment to Agreement 1075 between the City of Cupertino, a municipal corporation (hereinafter "City") and Consor PMCM, Inc., a Corporation ("Contractor") whose address is 1663 Mission Street #425, San Francisco, CA 94103, and is made with reference to the following: RECITALS: A. On June 13, 2025 Agreement 1075 ("Agreement") was entered into by and between City and Contractor for Construction Management Services for 2025 Slurry Seal/Fog Seal Project. B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3 of the Agreement is modified to read as follows: TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2026 ("Contract Time"), unless terminated earlier as provided herein. The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 2. Paragraph 4 of the Agreement is modified to read as follows: COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $151,751.32 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO 9L By Title Director of Public Works Date May 6, 2026 APPROVED AS TO FORM Mu:iuzeC Wry rr- Senior Assistant City Attorney ATTEST: L-auren sapudaY City Clerk Date May 6, 2026 EXPENDITURE DISTRIBUTION CONSOR PMCM, INC. lswraet G. ?age{ Title Senior Vice President Date May 6, 2026 Item PO Number Amount Original Agreement - $134,652.73 endment 1 to extend term to 12/31/2026 and change in contract amount $17,098.59 Total $151,751.32 2 CITY OF CUPERTINO - PUBLIC WORKS DEPARTMENT PROPOSAL FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 2025 SLURRY SEAL AND FOG SEAL PROJECT Position Firm 2026 Hourly Rate TASK Total Hours Extended Cost CONSOR TEAM Slurry Seal Punch List Inspections Buffer for Issues/ Delays Final Walk -Through Assistance Base Scope CM/ Resident Engineer Consor $ 246.51 3 3 3 9 $ 2,218.59 Construction Inspector Consor $ 186.00 20 35 25 80 $ 14,880.00 TOTAL STAFF HOURS 23 38 28 89 $17,098.59 ACG'R IJ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 01114/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH USA LLC. PHONE 1900 LAWRENCE STREET, SUITE 1900 A/C No, Ext): (A/C, No): E-MAIL DENVER, CO 80202-5534 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Continental Casualty Company 20443 CN144764051--GAUWP-25-26 P25001 1CA.00 INSURED Consor Parent, Inc. INSURER B : and all Subsidiaries INSURER C : National Fire Insurance Company 20478 6505 Waterford District Drive, Suite 470 INSURER D : Axis Surplus Insurance Company26620 Miami, FL 33126 INSURER E: The Continental Insurance Company 35289 INSURER F: COVERAGES CERTIFICATE NUMBER: SEA -004091317-14 REVISION NUMBER: 37 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 7095110478 12/31/2025 12/31/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO- ❑ LOC JECT X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY X X 7095132738 12/31/2025 12/31/2026 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY E X UMBRELLA LIAB X OCCUR X X 8018283485 12/31/2025 12/31/2026 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTIONS $ C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) NIA X 7095135476 (AOS) 7095140595 (CA) 12/31/2025 12/31/2025 12/31/2026 12/31/2026 X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Prof & Environmental Liability EBZ634816/01/2025 12/31/2025 12/31/2026 Per Claim 1,000,000 SIR: 500,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Consor Project # P250011 CA.00 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are included as additional insured where required by written contract with respect to general and auto liability. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions with respect to General Liability, Auto Liability and Worker's Compensation. Deductible or SIR does not apply to General Liability, Auto Liability, or Workers' Compensation Policies. General Liability, Auto Liability and Workers Compensation Deductible: $0. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torre Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cupertino, CA 95014-3255 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN144764051 LOC #: Denver A g o ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED MARSH USA LLC. Consor Parent, Inc. and all Subsidiaries POLICY NUMBER 6505 Waterford District Drive, Suite 470 Miami,FL 33126 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Named Insureds: AIA Engineers LLC American Consulting Engineers of Florida, LLC American Consulting Professionals of Michigan, LLC American Consulting Professionals, LLC Apex Design LLC Aqualyze, Inc. Barney & Worth, Inc. Charlotte Engineering and Surveying, LLC Civic Engineering and Information Technologies, LLC Consor Canada, ULC Consor Engineers, Inc. Consor Engineers, LLC Consor Engineers, LLC DBA U.S. Underwater Consor Engineering and Land Surveying Consor Holdings, LLC (formerly known as Target Engineering Group Holdings, LLC) Consor Intermediate, LLC (formerly known as Target Engineering Group Intermediate, LLC) Consor North America, Inc. (Formerly Murraysmith, Inc.) Consor North America of Michigan, LLC Consor Parent, Inc. Consor PMCM, Inc. (formerly CPM Associates, Inc.) Infrastructure Engineers, LLC Infrastructure Investment Group, LLC Johnson -Adams & Associates, LLC Murfee Engineering Co., Inc MurraySmith, Inc. dba Odell Engineering, LLC Park Engineering, Inc. Project Engineering Consultants, Inc. Project Engineering Consultants, LLC Quincy Engineering Incorporated Structural Grace, LLC Target Engineering Group, LLC TKW Consulting Engineers LLC US Underwater, LLC Versa Infrastructure LLC ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGESTHE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM LIABILTY COVERAGE A. Who is An Insured The following is added to SECTION II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, I,. The insurance afforded by this provision Al. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or €orm, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1 . Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Form No: SCA 23 500 D09 10 11 Policy No: BUA 7095132738 Endorsement Effective Date: Policy Effective Date: 12/31/2025 Endorsement No: Policy Page: Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 9) Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization Per schedule ❑n file with company 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect ❑n the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Endorsement Effective Date: Endorsement Expiration Dale: Endorsement No: ; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 6O606 Policy No: BUA 7095132738 Policy Effective Date: 12/31/2O25 Policy Page: of Copyright CNA All Rights Reserved. CNA L It is understood and agreed that: Business Auto Policy Policy Endorsement If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will) be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability ❑r obligati❑n upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged This end❑rsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021XX S02-2013) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: ; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7095132738 Policy Effective Date: 12/31/2025 Policy Page: of Copyright CNA All Rights Reserved. CIJA Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Consor Holdings LP. Endorsement Effective Date: 12/31/2025 SCHEDULE Name(s) Of Person(sl Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OF WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: ; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Po€icy No: BUA 7095132738 Policy Effective Date: 12/3112025 Policy Page: of c Copyright Insurance Services Office, Inc., 2011 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage; and C. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 1. Coverage broader than what you are required to provide by the written contract; or 2. A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph I. shall apply solely to the extent permissible by law. II. If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage. Ill. But if the written contract requires: A. Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. Additional insured coverage with "arising out of" language; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. CNA75079XX (3-22) Page 1 of 3 CONTINENTAL CASUALTY COMPANY Insured Name: Consor Holdings LP. Policy No: Endorsement No: Effective Date: 7095110478 131/2025 Copyright CNA Ali Rights Reserved. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement IV. But if the written contract requires additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities; or B. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. Primary and non-contributing with other insurance available to the additional insured; or 2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. Make available any other insurance, and endeavor to tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to other insurance under which the additional insured is a named insured. The Insurer has no duty to defend or indemnity an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. CNA75079XX (3-22) Page 2 of 3 CONTINENTAL CASUALTY COMPANY Insured Name: Consor Holdings LP. Policy No: 7095110478 Endorsement No: Effective Date: 12/3112025 Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement VIII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: A. Was executed prior to: 1. The bodily injury or property damage; or 2. The offense that caused the personal and advertising injury; for which the additional insured seeks coverage; and B. Is still in effect at the time of the bodily injury or property damage occurrence or personal and advertising injury offense. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (3-22) Page 3 of 3 CONTINENTAL CASUALTY COMPANY Insured Name: Consor Holdings LP. Policy No: Endorsement No: Effective Date: 7095110478 IF7�3G?+fz Copyright CNA All Rights Reserved, CNA CNA PARAMOUNT Policy Holder Notice - Countrywide It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. C, CNA75014XX (1-15) Page 1 of 1 CONTINENTAL CASUALTY COMPANY Insured Name: Consor Holdings LP. Policy No: 7095110478 Endorsement No: 1 Effective Date: 12/31/2025 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION FOR WHO OF WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour slated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (10-16) Page 1 of 1 CONTINENTAL CASUALTY COMPANY Insured Name: Consor Holdings LP. Policy No: 7095110478 Endorsement No: Effective Date: 12/31/2025 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA L It is understood and agreed that: Workers Compensation And Employers Liability Insurance Policyholder Notice If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligati❑n upon us or the Agent of Record. All ❑ther terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated insurers, takes effect on the Policy Effective ❑ate of said policy at the hour stated in said policy, unless another effective date (the End❑rsement Effective ❑ate) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021A {02-2013} Policyholder Notice; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford 60606 Policy No: WC 7 95140595 Policy Effective Date: 12/31/2025 151 N Franklin St. Chicago. IL Policy Page: of Copyright CNA All Rights Reserved. CNA L It is understood and agreed that: Workers Compensation And Employers Liability Insurance Policyholder Notice If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligati❑n upon us or the Agent of Record. All ❑ther terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated insurers, takes effect on the Policy Effective ❑ate of said policy at the hour stated in said policy, unless another effective date (the End❑rsement Effective ❑ate) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021A {02-2013} Policyholder Notice; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford 60606 Policy No: WC 7 95135476 Policy Effective Date: 12/31/2025 151 N Franklin St. Chicago. IL Policy Page: of Copyright CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G -19160-B (11-1997) Policy No: WC 7 95140595 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2025 Endorsement No: ; Page: 1 of 1 Policy Page: of Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. CITY OF PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation ("City"), and Consor PMCM Inc. ("Contractor"), a Corporation for Construction Management Services for 2025 Slurry Seal/Fog Seal Project, and is effective on the last date signed below ("Effective Date"). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor's duties and services under this agreement shall not include preparing or assisting the City with any portion of the City's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2026 ("Contract Time"), unless terminated earlier as provided herein. The City's appropriate department head or City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City's purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. Construction Management Services for 2025 Slurry Seal/Fog Seal Project Page 1 of 9 Professional/Consulting Contracts /Version: March 2025 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $134,652.73 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker's compensation, or other benefits from the City. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 53 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 54 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor's business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Construction Management Services for 2025 Slurry Seal/Fog Seal Project Page 2 of 9 Professional/Consulting Contracts /Version: March 2025 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney's fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third -party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City's written approval. 73 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.1 Re -Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub -contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 75 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single -sided original. Construction Management Services for 2025 Slurry Seal/Fog Seal Project Page 3 of 9 Professional/Consulting Contracts /Version: March 2025 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City's final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance Construction Management Services for 2025 Slurry Seal/Fog Seal Project Page 4 of 9 Professional/Consulting Contracts /Version: March 2025 of Contractor or its subcontractors or sub -subcontractors; (d) Unauthorized use or disclosure of City's confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third -party claim. At City's request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. Construction Management Services for 2025 Slurry Seal/Fog Seal Project Page 5 of 9 Professional/Consulting Contracts /Version: March 2025 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired -Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti -discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub -contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Jimmy Tan as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Steve Patterson as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City's pre -approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. Construction Management Services for 2025 Slurry Seal/Fog Seal Project Page 6 of 9 Professional/Consulting Contracts /Version: March 2025 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW. VENUE. AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross -complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. Construction Management Services for 2025 Slurry Seal/Fog Seal Project Page 7 of 9 Professional/Consulting Contracts /Version: March 2025 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Jimmy Tan Email: JimmyT@cupertino.org 27. EXECUTION To Contractor: Consor PMCM, Inc. 1663 Mission Street #425 San Francisco, CA 94103 Attention: Steve Patterson Email: steve.patterson@consorpmcm.com The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE Construction Management Services for 2025 Slurry Seal/Fog Seal Project Page 8 of 9 Professional/Consulting Contracts /Version: March 2025 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Chad Mosley Title Director of Public Works Jun 13, 2025 APPROVED AS TO FORM: Michael K Woo MICHAEL K. WOO Senior Assistant City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Jun 13, 2025 Construction Management Services for 2025 Slurry Seal/Fog Seal Project CONTRACTOR Name Ismael G. Pugeda Title Senior VP Date Jun 12, 2025 Page 9 of 9 Professional/Consulting Contracts /Version: March 2025 EXHIBIT A n consor March 25, 2025 City of Cupertino, Public Works Attn: Jo Anne Johnson, Project Manager 10300 Torre Ave Cupertino, CA 95014 RE: Construction Management Services — 2025 Slurry Seal / Fog Seal Project Dear Jo Anne, 372 Village Square Orinda, CA 94563 925.257.2508 Consor PMCM, Inc., is pleased to submit our proposal through the current on -call contract to provide construction management and inspection services to the City for the upcoming subject project. As of February 10, 2025, Park Engineering, Inc. was acquired by Consor PMCM, Inc., a California Corporation. Park Engineering, Inc. is a wholly owned subsidiary of Consor PMCM, Inc. Consor is a North American infrastructure consulting firm, providing planning and design, structural assessment, and construction management. As part of Consor, the Park Engineering team with whom NVTA has worked through the years is now supported by a nationwide resource of over 1,800 professionals to support critical infrastructure projects and the communities we live in and serve. Consor PMCM, Inc. is well qualified and highly motivated to provide inspection services to the City of Cupertino for this project. Consor has performed construction management and inspection services on numerous similar projects, including projects with the City of Cupertino, that include roadway resurfacing improvements, including HMA paving and slurry seal improvements. We have the personnel with the experience and expertise to successfully complete this project for the City. As Principal in Charge, I will provide technical support to the construction management staff and the City of Cupertino to ensure that the City has every resource necessary from the Consor Team for a successful project. Project Understanding The project work is located on various arterial and collector streets in the City of Cupertino and consists of approximately 143,000 square yards of Slurry Seal with Crack Seal, 150,000 square yards of fog seal, and replacement of traffic striping and legends. The Project must be fully completed within 70 calendar days from the start date set forth in the Notice to Proceed. The City anticipates that the Work will begin about mid -April. Scope of Services Our proposed inspection staff and limited engineering staff have the expertise to meet the challenges anticipated on this project and will ensure that the work is successfully completed in accordance with all local, state and federal regulations. We will perform all the typical inspection duties. Our scope of work will include: • Assist in the initial review of technical documents such as material submittals and later review of testing reports to confirm materials comply with specifications. • Full Time On -Site Inspections with Daily Diaries and Photos, Coordination with Utility Companies, Neighborhood Residents, etc. • Field Inspector will Verify Quantities for Monthly Billing. • Quality Assurance, Inspection and managing Material Testing, Quality Review and Sampling. www.consoreng.com cO 11 SO r 372 Village Square Orinda, CA 94563 925.257.2508 • Public and Community Relations at jobsite, Safety for Workers and Public, Water Pollution Control measures Having performed construction inspection services for many public agency for similar projects, we have identified elements that will be key to the success of this project. They include, but are not limited to: Public Outreach & Safety —Advance notice for any closures of the traveled lanes, related detours, and/or impacts to crosswalks to limit impacts to residents, businesses, the traveling public, delivery, emergency and transit customers will be essential to the success of the project. Strict adherence to approved traffic handling plans and closely monitoring pedestrian safety will help improve the project's safety during construction and minimize issues with the public, including special requirements for prohibiting work during school days. From past slurry project experience, traffic control efforts can be secondary to the slurry contractor. An early emphasis on the importance of traffic control measures for public safety will be made and reinforced on a daily basis. Coordination may be necessary with transit, utility work, other construction projects — public and private — and businesses and schools along the numerous locations of project work. Coordination will be a critical element of managing project work. Accurate and timely information of the project work will be shared with the necessary project 'partners' to eliminate surprises and help mitigate project impacts. Tracking of Costs — Constant monitoring and reporting to the City PM to control bid quantity overruns to prevent escalated contract costs are critical to keep any project on budget. Past experience with quantity overruns for a per foot Crack Seal price can add up quickly. Closely monitoring extent of work, daily totals, and comparison to anticipated amount will help keep this item, and others, withing budget. Also, any work determined as extra, will be documented and will only proceed after approval by the City. Quality of Work — Acceptance of only the best quality work ensures that funds utilized are well invested and the improvements will last. Strict adherence to the City's quality assurance program (QAP), performing the required acceptance testing and reviewing results to verify quality of the completed work, and documenting results to ensure compliance with contract requirements, will be performed to deliver an acceptable project. Project Appearance / Environmental Concerns / Permits/ Water Pollution Control — A clean project will promote a positive public perception, increase the project safety and aid the effort to compliance with Permits and, Environmental and Water Pollution Control requirements. Staffing and Availability Our proposed limited CM support for the initial technical submittal reviews and later review of testing results for contract compliance will be provided by Rodrigo Macaraeg, PE. Rodrigo is a versatile civil engineer and construction project manager with over 35 years of experience overseeing public works, capital improvement, and development projects. Rodrigo is skilled at leading strategic efforts to prevent obstacles and negotiate in a proactive manner to maximize success rates, resolve conflicts, and reduce and/or avoid claims. He will be available throughout the project to assist the City with any technical issues, but primary role will be specific to the initial submittal reviews and compliance review of follow-up test results. The project's construction inspector will be Brian Brown. Brian has over 30 years of experience in construction inspection. Brian has worked on various projects as a seasoned construction inspector, with a close eye on community impacts such as traffic control and other public nuisance issues. He works to ensure strict adherence to safety and Cal -OSHA guidelines. Our field staff will provide the day-to- day inspection in the field, ensuring compliance with the contract documents. They will provide documentation of work performed and track quantities and quality of the work. All proposed staff know the requirements and www.consoreng.com n consor EXHIBIT A 372 Village Square Orinda, CA 94563 925.257.2508 challenges of slurry / fog seal projects like this project and will ensure that this project is constructed according to the contract documents and the requirements of the City. We have attached team resumes and a cost proposal based on the 70 calendar days per the specifications. This cost proposal is negotiable, and revisions can be made upon review and discussions with the City. Consor has the expertise to meet the challenges of these projects and confirm that the work is successfully completed in accordance with contract requirements. Should you have any questions or need additional information, please do not hesitate to contact me at (510) 701-0319 or spatterson@consorpmcm.com. Sincerely, Consor PMCM, Inc. Steve Patterson, PE, Principal Project Manager 510.701.0319 1 steve.patterson@consorpmcm.com Attachments www.consoreng.com consor BRAIN BROWN, CONSTRUCTION INSPECTOR Years of Experience 30 Certifications Collection System Maintenance Grade 4, California Water Environment Association Key Qualifications RESUME Brian has over 30 years of experience in underground utility work and construction inspection. Brian has worked on various projects as a seasoned construction inspector, with a close eye on community impacts such as traffic control and other public nuisance issues. Prior to his role as a construction inspector, Brian was a wastewater supervisor overseeing system maintenance and holds a CWEA Grade 4 certification for Collection System Maintenance. He works to ensure strict adherence to safety and Cal -OSHA guidelines. Representative Project Experience YouTube Phase 1 Project ($2.1M); City of San Bruno Department of Public Works; Construction Inspector. This private development project included the construction of two new buildings with 440,000 square feet of office space and multiple improvements to city -maintained space, which included construction of a multi -modal transportation hub, realignment of local streets and municipal utilities, and demolition of three existing buildings. As construction inspector, Brian inspected infrastructure improvements within the city right-of-way. Among the improvements included installation of a 12" diameter waterline with coordinated tie-ins to the existing system. In this role, he monitored safety concerns, confirmed that installation conforms to plans and specs, oversaw testing and startup activities, coordinated with municipal operations staff, and strived to minimize and address public nuisance and traffic control concerns. Bayhill Improvements Project; City of San Bruno Department of Public Works; Construction Inspector. This project consisted of the installation of a new municipal waterline within the streets of San Bruno, which included installation of 1200 ft of new 10 -inch iron pipe and associated appurtenances. Verified work conformed to City of San Bruno and AWWA standards. As construction inspector, Brian coordinated closely with the city's water department for system outages, testing, and startup. He also monitored construction activities to ensure public safety and nuisance issues were addressed in this busy traffic area consisting of local business and high-tech industry. City Parkway and Crystal Springs Road Intersection Improvements Project; City of San Bruno Department of Public Works; Construction Inspector. This project incorporated a one -lane traffic signal system with traffic loops, eight new ADA compliant curb ramps and ADA compliant PCC sidewalks. As construction inspector, Brian confirmed that work was installed per the plans and specifications. His focus was on sewer and water installations, as well as traffic control plans. • Portola Bridge Replacement; Town of Woodside; Construction Inspector. This project replaced an existing 22' wide bridge with a new 30' wide bridge consisting of a prestressed precast concrete bridge deck and three new abutments supported by 24" cast in drilled hole piles. As construction inspector, Brian facilitated the contractor's work, performed quality assurance in accordance with the plans and specifications, and prepared daily reports. Brian also enforced traffic control and safety requirements, and addressed public nuisance issues. consor RODRIGO MACARAEG, P.E., QSD/QSP RESIDENT ENGINEER Years of Experience 35 Education BS, Civil Engineering, Far Eastern University, Manila, Philippines Licenses and Registrations Professional Engineer: California, #C48418 Registered QSD/QSP by CASQA (CA Stormwater Quality Association) RESUME Key Qualifications Rodrigo is a versatile civil engineer and construction project manager with over 35 years of experience overseeing public works, capital improvement, and development projects. He is a driven team mentor and highly effective at managing teams from diverse backgrounds and functional areas. Rodrigo is skilled at leading strategic efforts to prevent obstacles and negotiate in a proactive manner to maximize success rates, resolve conflicts, and reduce and/or avoid claims. Representative Project Experience • 2021-2024 On -Call Construction Management Services; County of Contra Costa; Resident Engineer. Consor provided on -call professional services in support of ranging from simple maintenance -related projects such as such as slurry sealing existing road pavements, to more complex capital road, airport, and flood control channel improvement projects. Rod, as resident engineer, was responsible for contract administration and construction engineering. On -Call Construction Management and Inspection Consulting Services; City of San Bruno Department of Public Works; Project Executive. This on -call project provided construction management and inspection services for a variety of capital improvement and land development projects. Some of the projects supported by Rod's team included: • Crystal Spring Road/City Park Way Traffic Signal ($1M): The project involved reconstruction of Crystal Springs Road and City Park Way intersection and incorporated a new traffic signal system. • Beckner Shelter Road ($0.8M): The project incorporated the resurfacing of Beckner Shelter Road starting at the intersection with City Park Way and running to the parking lot at Beckner Shelter Picnic Area. The associated parking lot was also resurfaced. These modifications have triggered ADA upgrades to all associated facilities. • City Park Way Reconstruction ($5.5M): This reconstruction project involved installation of water, sewer, and storm utilities as well as creek and road reconstruction and other construction activities related to the Recreation and Aquatic Center (RAC) project. TCP4 ($0.65M): The project scope included installing roughly 50 linear feet of storm drain lines that ties into an existing storm main in the middle of Green Ave and San Bruno Ave intersection. Construction Management and Inspection Services; City of Santa Clara; Project Executive. This on -call project is for construction management and inspection services, including quality assurance, safety oversight and project documentation. Projects supported are capital improvements projects throughout the City of Santa Clara including paving, sidewalk replacement, curb and gutter, and traffic signal improvements. As Project Executive, Rod interfaces with the City to ensure adequate staffing levels for requested project assignments, regularly reports back on performance and quality, checks in with the client to remain aware of future projects and ongoing projects that may require additional resources. When needed, Rod provides recommendations and resolutions for any project challenges that require additional expertise. rcu:3rr� consor STEVE PATTERSON, P.E., PROJECT MANAGER Years of Experience 33 Education B.S. Civil Engineering, Michigan State University, East Lansing, 1991 Professional Registrations Professional Engineer: California, #C54481, 1995 QSD / QSP: Certificate #22073 Key Qualifications RESUME Steve Patterson has over 33 years of experience in construction of highway, roadway, structure and other infrastructure projects. He has worked in the capacity of Project Manager, Resident Engineer, Construction Inspector, and Office Engineer. Steve's experience includes all aspects of highway and roadway construction, including interchanges, roadway widening and rehabilitation, emergency slide and flood repairs, sound walls, MSE walls, retaining walls, storm box culverts, utility installations & relocations, lighting & traffic signal improvements, and landscaping projects. He is proficient in the Caltrans Standard Specifications, Standard Plans, Construction Manual, Local Assistance Procedures Manual, and the "Greenbook" Standard Specifications for Public Works Construction. Project Experience • City of Berkeley, Southside Complete Streets Project Steve was the construction manager on this $11M federally funded project that improved all lanes of Bancroft Way from Piedmont to Milvia, and on Dana and Fulton Streets. Improvements included grinding the existing roadway for a deep section of hot mix asphalt for the bus lane, old railroad removals, and an overall 2 -inch grind and overlay of RHMA with improved roadway delineation. Other work consisted of new concrete bus pads, raised intersection crosswalks, curb ramps, sidewalk, curb & gutter, raised islands to separate a two-way bike lanes, signal upgrades and landscaping. • City of El Cerrito, 2021 Citywide Slurry Seal Project Steve was the construction manager on this $400,000 locally funded project that consisted of traffic control and construction signage, patch paving, crack seal, slurry seal, pavement delineation, striping and pavement marker installation. • City of Orinda, Orinda Way Pavement Rehabilitation Project Steve was the resident engineer on this $650,000 locally funded project for pavement rehabilitation of Orinda Way. Work included cold planing existing asphalt concrete pavement, performing base failure repairs (digout), reconstructing curb ramps to meet current ADA standards, utility cover adjustments and installing pavement striping and markers. • Marin County Public Works, 2021 Northern Region Road Rehabilitation Project Steve was the construction manager on this $1.8M locally funded project that included full width grinding, repairing road base failures, road resurfacing, installing and modifying minor drainage improvements, concrete curb & gutter, sidewalk and accessibility curb ramps; traffic striping and marking, and road sealing. The work was on multiple residential roads in the Lucas Valley area. • City of San Bruno, San Bruno Ave Medians Improvements Project, San Bruno Steve was the Resident Engineer for this $850k federally funded project that will improve 12 non- compliant ADA curb ramps as well as signal improvement, installation of Speed Feedback Signs & median landscaping. EXHIBIT B SCHEDULE OF PERFORMANCE Consultant shall complete all work by June 30, 2026 The following sets forth the distribution of Consultant's Schedule of Performance for the work. The City may approve in writing the extension of any date set in this Exhibit. Note that there will be some time gaps to accommodate Caltrans processes such as circulation and review of CEQA and NEPA documents and receipt of construction E-76 following final design submittal. Task #1 Pre Construction Phase 3 weeks from NTP Task #2 Construction Phase 4 month from NTP EXHIBIT C consor City of Cupertino Construction Management and Inspection Services 2025 Slurry Seal and Fog Seal Project, Various Locations Rates Hours Total Name/Classification Regular Overtime During Total Regular Overtime Cost Base Rate Pre -construction Post Construction Hours Hours Rate Rate Construction Rodrigo Macaraeg, P.E. $ 110.00 $ 246.51 $ 246.51 4 80 8 92 0 $ 22,678.92 CM/Resident Engineer Brian Brown $ 83.00 $ 186.00 $ 279.00 8 450 24 482 80 $ 111,973.81 Construction Inspector Total = $ 134,652.73 1. Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties. 2. Cost Proposal based on 70 Calendar Day duration, with an assumption of contract work performed 6 days / week. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b Additional Insured coverage under Consultant's policy shall allow and be endorsed "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City's own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including owned, hired, and non -owned autos) with limits no less than $1,000,000 each accident for bodily injury and property damage. ❑ Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non -owned and hired autos (any auto -Symbol 1), or if Consultant does not own autos (hired autos -Symbol 8 and non -owned autos -Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non- contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. ❑ Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos -Symbol 8 and non -owned autos -Symbol 9. Primary and Non -Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non -owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non -owned and hired autos (any auto -Symbol 1). Exh. D -Insurance Requirements for Design Professionals & Consultant Contracts Version: May 2025 ❑ In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance of no less than $1,000,000 each accident/ disease. O Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant's profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims -made basis form: a The Retroactive Date must be shown and must be before the Effective Date of the Contract. b Insurance must be maintained for at least five (5) years after completion of the Services. c If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers ("Additional Insureds") are to be covered and endorsed as additional insureds on Consultant's CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non -Contributory Coverage Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Consultant shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers' Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Exh. D -Insurance Requirements for Design Professionals & Consultant Contracts Version: May 2025 Deductibles and Self -Insured Retentions Any deductible or self -insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert "$0"). At City's option, either: the insurer must reduce or eliminate the deductible or self -insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A - VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including indemnification, defense, and naming the City as an additional insured on subconsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Exh. D -Insurance Requirements for Design Professionals & Consultant Contracts Version: May 2025 ACG'R IJ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 0 513 012 0 2 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME' MARSH USA LLC. PHAIONE FAX 1225 17TH STREET, SUITE 1300 C No Ext : (A/C, No): E-MAIL DENVER, CO 80202-5534 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental CasualtCompany 20443 CN144764051--GAUWP-24-25 P25001 1CA.00 INSURED Consor PMCM, Inc. INSURER B: N/A N/A 6505 Waterford District Drive, Suite 470 INSURER C: National Fire Insurance Company 20478 Miami, FL 33126 INSURER D: Axis Surplus Insurance Company26620 INSURER E : The Continental Insurance Company 35289 INSURER F: COVERAGES CERTIFICATE NUMBER: SEA -004091317-04 REVISION NUMBER: 27 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. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY y y 7095110478 12/31/2024 12/31/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PECT RO- ❑ LOC J X PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY y y 7095132738 12/31/2024 12/31/2025 COMBINED dentSINGLE LIMIT Ea acci $ 2,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ E X UMBRELLALIAB X OCCUR 8018283485 12/31/2024 12/31/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ Retention $ 10,000 C C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N OFF ANCER MEMBEREXCLUDED? LNJ ECUTIVE (Mandatory in NH) N / A y 7095135476 (AOS) 7095140595(CA) 12/31/2024 12/3112024 12/31/2025 12/3112025 X PER 0TH - STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Prof & Environmental Liability EBZ634816/01/2024 12/31/2024 12/31/2025 Per Claim 1,000,000 SIR: 500,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Consor Project # P250011 CA.00 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are included as additional insured where required by written contract with respect to general and auto liability. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions with respect to General Liability, Auto Liability and Worker's Compensation. Deductible or SIR does not apply to General Liability, Auto Liability, or Workers' Compensation Policies. General Liability, Auto Liability and Workers Compensation Deductible: $0. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torre Avenue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cupertino, CA 95014-3255 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA LLC © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CNA Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILTY COVERAGE A. Who is An Insured The following is added to SECTION II, Paragraph A.T., Who Is An Insured: 1 . a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are obligated to provide Insurance where required by a written contract or agreement is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings SECTION II, Paragraphs A.2.a.(2) and A.2.a.(4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is increased from $2,000 to $5,000, and 2. In a.(4), the limit for the loss of earnings is increased from $250 to $500 a day. C. Fellow Employee Form No: SCA 23 500 D09 10 11 Policy No: BUA 7095132738 Endorsement Effective Date: Policy Effective Date: 12/31/2024 Endorsement No: Policy Page: Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 U Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance services office, Inc., used with its permission. CNA ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization Per schedule on file with company 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: ; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7095132738 Policy Effective Date: 12/31/2024 Policy Page: of Copyright CNA All Rights Reserved. CNA I It is understood and agreed that: Business Auto Policy Policy Endorsement If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA68021 xx (02-2013) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: ; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7095132738 Policy Effective Date: 12/31/2024 Policy Page: of ® Copyright CNA All Rights Reserved. CNA Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: CONSOR HOLDINGS LLC. Endorsement Effective Date: 12/31/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OF WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: ; Page: 1 of 1 Underwriting Company: Continental Casualty Company, 151 N Franklin St, Chicago, IL 60606 Policy No: BUA 7095132738 Policy Effective Date: 12/31/2024 Policy Page: of ® Copyright Insurance Services Office, Inc., 2011 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect 10 liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject to such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only ii: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage; and C. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: 1. Coverage broader than what you are required to provide by the written contract; or 2. A higher limit of insurance than what you are required to provide by the written contract. Any coverage granted by this Paragraph I. shall apply solely to the extent permissible by law. II. If the written contract requires additional insured coverage under the 07-04 edition of CG2010 or CG2037, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect 10 liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations subject lc such written contract; or B. In the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only ii: 1. The written contract requires you to provide the additional insured such coverage; and 2. This Coverage Part provides such coverage. Ill. But it the written contract requires: A. Additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. Additional insured coverage with "arising out of language; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. CNA75079XX (3-22) Page 1 of 3 CONTINENTAL CASUALTY COMPANY Insured Name: CONSOR HOLDINGS LLC Policy No: 7095110478 Endorsement No: Effective Date: 12(31/2084 Ccpyrlght CNA All Rights Reserved. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement IV. But ii the written contract requires additional insured coverage to the greatest extent permissible by law, then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. V. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, properly damage, or personal and advertising injury arising out of: A. The rendering of, or the failure to render, any processional architectural, engineering, or surveying services, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. Supervisory, inspection, architectural or engineering activities; or B. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. VI. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this Coverage Part: Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. Primary and non-contributing with other insurance available to the additional insured; or 2. Primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Dulles In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. Give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. Send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. Make available any other insurance, and endeavor to lender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to other insurance under which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. GNA75079XX (3-22) Page 2 o13 CONTINENTAL CASUALTY COMPANY Insured Name: CONSOR HOLDINGS LLC Policy No: 709511047$ Endorsement No: Effective Date: 12/31/2024 Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement VIII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: A. Was executed prior to: 1. The bodily injury or property damage; or 2. The offense that caused the personal and advertising injury; for which the additional insured seeks coverage; and B. Is still in effect at the lime of the bodily injury or property damage occurrence or personal and advertising injury offense. All ocher terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect or the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (3-22) Page3ol2 CONTINENTAL CASUALTY COMPANY Insured Name: CONSOR HOLDINGS LLC Policy No: 709511075 Endorsement No: Effective Date: 1231 Ccpyrlght CNA All Rights Reserved. CNA CNA PARAMOUNT Policy Holder Notice - Countrywide It is understood and agreed that: If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, lakes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. g CNA75014XX (1-15) Page 1 of 1 CONTINENTAL CASUALTY COMPANY Insured Name: CONSOR HOLDINGS LLC Policy No: 7095110478 Endorsement No: 1 Effective Date: 12/31/2024 Copyright CNA All Rights Reserved, includes copyrighted mater[al al Insurance ServIce5 Office, Inc., with its permission. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION FOR WHO OF WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. (Information required to complete this Schedule, ii not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, ii is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products -completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75008XX (10-16) Page 1 of 1 CONTINENTAL CASUALTY COMPANY Insured Name: CONSOR HOLDINGS LLC Policy No: 7095110ft?$ Endorsement No: Effective Date: 12131/2024 Ccpyrlghll CNA All RIghts Reserred. Indudes ccpyrighled maledal cl Insurance Services Ofllce, Inc., wlh lie pernisslon. CMA Workers Compensation And Employers Liability Insurance Policyholder Notice I It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificate Holders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificate Holder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: CC68021A (02-2013} Policy No: WC 7 95140595 Policyholder Notice; Page: 1 of 1 Policy Effective Date: 12/31/2024 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL Policy Page: of 60606 ° Copyright CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement I This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G -19160-B (11-1997) Policy No: WC 7 95140595 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2024 Endorsement No: ; Page: 1 of 1 Policy Page: of Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement I We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy No: WC 7 95135476 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2024 Endorsement No: ; Page: 1 of 1 Policy Page: of Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60608 Copyright 1983 National Council on Compensation Insurance. Endorsement No. 16 Effective Date: 12/31/2024 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: E8Z634816/01/2024 Insured Name: Consor Engineers, LLC Issuing Company: AXIS Surplus Insurance Comoanv Additional (Return) Premium: $00 If the Endorsement Effective Date is blank then the effective dote of this Endorsement is the Inception Date of the Paley. NOTICE TO THIRD PARTIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: �]9C�I►I�tZ■I��II■]IIIi'dl ill:�al;C��■]�Cy'1 It is agreed that we will give the Type(s) of Notice enumerated beside the name of the Entity to Be Notified to that Entity should this Policy: A. Be canceled by us for non-payment of premium or any applicable deductible(s); B. Be canceled by us prior to the expiration date for reasons other than nonpayment of premium or a deductible amount when due; C. Be non -renewed by us prior to the expiration date; or D. Have its limit of liability reduced by endorsement. Entity to be Notified Type Number of of Days Notice Notice Contact Name and Mailing Address Entities whom the Insured has an A 10 As supplied to us by the broker of record or Insured existing contractual obligation to notify in the event of cancellation of this policy for non-payment of premium or deductible, and far which a complete mailing address or a contact name plus an accurate email address was supplied by the broker or Insured at least twenty (20) days prior to the cancellation date. Entities whom the Insured has an B,C, 30 As supplied to us by the broker of record or Insured existing contractual obligation to notify in the event of cancellation of this policy for reasons other than non-payment of premium or deductible, and for which a complete mailing address or a contact name plus an accurate email address was supplied by the broker or Insured at least forty (40) days prior to the cancellation date DP 0042 (Ed. 0115) Pagel of 2 Type Number of of Days Entity to be Notified Notice Notice Contact Name and Mailing Address Entities whom the Insured has an D 60 As supplied to us by the broker of record or Insured existing contractual obligation to notify in the event of a reduction in the Limits of Liability of this Policy by endorsement during the Policy Period, and for which a complete mailing address or a contact name plus an accurate email address was supplied by the broker or insured at least seventy (70) days prior to the cancellation date Our failure to provide such notification will not extend the Policy cancellation date, negate cancellation or non - renewal of the Policy, invalidate any endorsement to the Policy or be cause for legal action against us. All other terms and conditions remain unchanged. DP0042(Ed.0115) Page2of2 Endorsement No. 16 Effective Date: 12/31/2024 @12:01 a.m. Standard Time at the address of the Named Insured Policy Number: EBZ634816/01/2024 Insured Name: Consor Engineers, LLC Issuing Company: AXIS Surplus Insurance Company Additional (Return) Premium: If the Endorsement Effective Date is blank, then the effective date of this Endorsement is the Inception Date of the Policy. NOTICE TO THIRD PARTIES THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: DESIGN PROFESSIONAL LIABILITY INSURANCE POLICY It is agreed that we will give the Type(s) of Notice enumerated beside the name of the Entity to Be Notified to that Entity should this Policy: A. Be canceled by us for non-payment of premium or any applicable deductible(s); B. Be canceled by us prior to the expiration date for reasons other than nonpayment of premium or a deductible amount when due; C. Be non -renewed by us prior to the expiration date; or D. Have its limit of liability reduced by endorsement. Type Number of of Days Entity to be Notified Notice Notice Contact Name and Mailing Address 1 2 Entities whom the Insured has an A 10 As supplied to us by the broker of record or Insured existing contractual obligation to notify in the event of cancellation of this policy for non-payment of premium or deductible, and for which a complete mailing address or a contact name plus an accurate email address was supplied by the broker or Insured at least twenty (20) days prior to the cancellation date. Entities whom the Insured has an B,C, 30 As supplied to us by the broker of record or Insured existing contractual obligation to notify in the event of cancellation of this policy for reasons other than non-payment of premium or deductible, and for which a complete mailing address or a contact name plus an accurate email address was supplied by the broker or Insured at least forty (40) days prior to the cancellation date DP 0042 (Ed. 01 15) Page 1 of 2 Type Number of of Days Entity to be Notified Notice Notice Contact Name and Mailing Address Entities whom the Insured has an D 60 As supplied to us by the broker of record or Insured existing contractual obligation to notify in the event of a reduction in the Limits of Liability of this Policy by endorsement during the Policy Period, and for which a complete mailing address or a contact name plus an accurate email address was supplied by the broker or Insured at least seventy (70) days prior to the cancellation date Our failure to provide such notification will not extend the Policy cancellation date, negate cancellation or non - renewal of the Policy, invalidate any endorsement to the Policy or be cause for legal action against us. All other terms and conditions remain unchanged. DP 0042 (Ed. 01 15) Page 2 of 2 CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement Wherever used in this endorsement: 1) Insurer means "we", "us", "our" or the "Company" as those terms may be defined in the policy; and 2) Named Insured means the first person or entity named on the declarations page; and 3) "Insured(s)" means all persons or entities afforded coverage under the policy. Any cancellation, non -renewal or termination provision(s) in the policy are deleted in their entirety and replaced with the following: CANCELLATION AND NON -RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so, the Named Insured must return the policy to the Insurer or any of its authorized representatives, indicating the effective date of cancellation; or provide a written notice to the Insurer, stating when the cancellation is to be effective. B. If the policy has been in effect for ninety (90) days or less the Insurer may cancel the policy by mailing or delivering written notice to the Named Insured, at the last mailing address known to the Insurer, at least: 1. Ten (10) days prior to the effective date of cancellation, if the Insurer cancels for nonpayment of premium; 2. Sixty (60) days prior to the effective date of cancellation, if the Insurer cancels for any other reason, except the Insurer may cancel immediately for: a. A material misstatement or misrepresentation; or b. A failure to comply with underwriting requirements established by the Insurer. C. If the policy has been in effect for more than ninety (90) days the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons: 1. Nunpdyrnent of premium; 2. A material misstatement; 3. A failure to comply with underwriting requirements established by the Insurer within ninety (90) days of the date of effectuation of coverage; 4. A substantial change in the risk covered by the policy; or 5. When the cancellation is for all insureds under such policies for a given class of insureds. Written notice of cancellation will be mailed or delivered to the Named Insured, at the last mailing address known to the Insurer, at least: a. Ten (10) days prior to the effective date of cancellation, if the Insurer cancels for nonpayment of premium; b. Sixty (60) days prior to the effective date of cancellation, if the Insurer cancels for the reasons stated in I.C.2., I.C.3., I.C.4., or I.C.5., above. D. The notice will state the actual reason for the cancellation. E. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. Form No: CNA62814FL (09-2012) Policy No: CUE 8018283485 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/31/2024 Endorsement No: 1; Page: 1 of 2 Policy Page: 61 of 98 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 C Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy Endorsement F. If notice is mailed, proof of mailing will be sufficient proof of notice. G. The unearned premium shall be computed on a pro -rata basis. The unearned premium is to be mailed within fifteen (1 5) working days after the effective date of the cancellation. The cancellation will be effective even if the Insurer has not made or offered a refund. II. NON -RENEWAL A. The Insurer can non -renew the policy by giving written notice to the Named Insured, at the last mailing address known to the Insurer, at least sixty (60) days before the expiration date. B. The notice of non -renewal will state the actual reason for non -renewal. C. If notice is mailed, proof of mailing will be sufficient proof of notice. Ill. CONDITIONAL RENEWAL A. The Insurer will mail or deliver written notice of the renewal premium to the Named Insured, at the last mailing address known to the Insurer, at least sixty (60) days in advance. B. If notice is mailed, proof of mailing will be sufficient proof of notice. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, ' takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown bclow. Form No: CNA62814FL (09-2012) Policy No: CUE 8018283485 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 12/3112024 Endorsement No: 1; Page: 2 of 2 Policy Page: 62 of 98 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Construction Management Services for 2025 Slurry Seal/Fog Seal Project Final Audit Report 2026-05-07 Created: 2026-04-22 By: Webmaster Admin (webmaster@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAAjIgS3CWTy53hhNW3j4KLBDIZ8nessYpZ "Construction Management Services for 2025 Slurry Seal/Fog S eal Project" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-04-22 - 6:01:13 PM GMT- IP address: 35.229.54.2 Document emailed to aracelia@cupertino.org for approval 2026-04-22 - 6:07:42 PM GMT Email viewed by aracelia@cupertino.org 2026-04-22 - 6:08:04 PM GMT- IP address: 54.160.66.149 dp Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre 2026-04-22 - 6:30:33 PM GMT- IP address: 71.202.76.156 dp Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-04-22 - 6:30:35 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to ismael.pugeda@consorpmcm.com for signature 2026-04-22 - 6:30:41 PM GMT Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-04-22 - 6:30:45 PM GMT Email viewed by ismael.pugeda@consorpmcm.com 2026-05-06 - 2:41:30 PM GMT- IP address: 12.44.199.115 Signer ismael.pugeda@consorpmcm.com entered name at signing as Ismael G. Pugeda 2026-05-06 - 4:05:13 PM GMT- IP address: 12.44.199.115 dp Document e -signed by Ismael G. Pugeda (ismael.pugeda@consorpmcm.com) Signature Date: 2026-05-06 - 4:05:15 PM GMT - Time Source: server- IP address: 12.44.199.115 - Signature Appearance Selected: TYPE Powered icy Adobe CYIftFIt9 Acrobat Sign y Document emailed to michaelw@cupertino.org for signature 2026-05-06 - 4:05:20 PM GMT Email viewed by michaelw@cupertino.org 2026-05-06 - 4:05:31 PM GMT- IP address: 54.210.127.135 Signer michaelw@cupertino.org entered name at signing as Michael K Woo 2026-05-06 - 11:45:58 PM GMT- IP address: 98.33.114.31 Document e -signed by Michael K Woo (michaelw@cupertino.org) Signature Date: 2026-05-06 - 11:46:00 PM GMT - Time Source: server- IP address: 98.33.114.31 - Signature Appearance Selected: TYPE Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2026-05-06 - 11:46:04 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2026-05-06 - 11:46:11 PM GMT- IP address: 54.157.167.97 Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-05-06 - 11:46:14 PM GMT Document e -signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2026-05-07 - 0:18:02 AM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: IMAGE Document emailed to laurens@cupertino.org for signature 2026-05-07 - 0:18:07 AM GMT Email viewed by laurens@cupertino.org 2026-05-07 - 0:18:17 AM GMT- IP address: 18.234.31.81 E Email sent to Webmaster Admin (webmaster@cupertino.org) bounced and could not be delivered 2026-05-07 - 0:18:29 AM GMT da Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-05-07 - 0:19:09 AM GMT- IP address: 64.165.34.3 Document e -signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-05-07 - 0:19:11 AM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Agreement completed. 2026-05-07 - 0:19:11 AM GMT Powered by Adobe c�rerrrinv Acrobat Sign