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24-076 Able Septic for Emergency Cleanups for Untreated_treated Sewage & Food Related Waste CleanupEmergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 1 of 12 ON-CALL PUBLIC WORKS CONTRACT WITH ABLE SEPTIC TANK SERVICE 1. PARTIES This On-Call Public Works Contract (“Contract”) is made by and between the City of Cupertino, a municipal corporation (“City”), and Able Septic Tank Service (“Contractor”) a Sole Proprietorship/Individual for Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup, and is effective on the last date signed below (“Effective Date”). 2. SCOPE OF WORK 2.1 Scope of Work. Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work described in the Scope of Work (“Work”), attached and incorporated here as Exhibit A, on an as- needed basis. The Work must comply with this Contract and with each Service Order issued by the City’s Project Manager or his/her designee, in accordance with the following procedures, unless otherwise specified in 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 Service Orders. Before issuing a Service Order, the City Project Manager will request that Work be done in writing and hold a meeting with Contractor to discuss the Service Order. Contractor will submit a written proposal that includes a specific Scope of Work, Schedule of Performance, and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order Form for the Work, attached and incorporated here as Exhibit B. The Service Order will specify the Scope of Work, Schedule of Performance, Compensation, and any other conditions applicable to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is authorized to streamline these procedures based on the City’s best interests. In particular, in emergency situations, the City Project Manager may execute a Service Order for emergency work based on oral conversations with the Contractor, without adhering to the full process outlined in this section. Contractor will not be compensated for Work performed without a duly authorized and executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2029 (“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 Contract, 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 complete the Work within the time specified in each Service Order, and under no circumstances should the Work go beyond the Contract Time. Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 2 of 12 3.3 Time is of the essence for the performance of all the Work required in this Contract and in each Service Order. Contractor must have sufficient time, resources, and qualified staff to deliver the Work on time. Contractor must respond promptly to each Service Order request. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work based upon actual costs and capped so as not to exceed $60,000.00 (“Contract Price”), based upon the Scope of Work in Exhibit A and the budget and rates included. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. 4.2 Per Service Order. Compensation for Work provided under a Service Order will be based on the rates set forth in the Service Order, which shall not exceed the capped amount specified in the Service Order. 4.3 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment, and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor’s final payment within sixty (60) days of City’s acceptance of the Work pursuant to a specific Service Order as complete. 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 Work and for the persons hired to work under this Contract. 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 Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. Contractor shall possess a California Contractor’s License in good standing for the following classification(s): C-42, which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and equipment required to perform the Work under this Contract. Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 3 of 12 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 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. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract 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 Contract 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. This Contract is binding on Contractor, its heirs, successors, and permitted assigns. 8. PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year thereafter must credit City contributions to the Project. The words “City of Cupertino” must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements, and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 4 of 12 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 0% of the Work under any give Service Order, provided that each subcontractor is required by contract to be bound by the provisions of this Contract and any applicable Service Order. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the requirements of this Contract or constitutes grounds for rejection under the Public Contract Code. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor’s Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within fifteen (15) days after City accepts the Work under a particular Service Order if the Work involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Work pursuant to a Service Order. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HVAC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four (4) years from the date of City’s final payment. 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 Contractors (“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 Contract or in any manner relating to any of the following: Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 5 of 12 (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 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, in accordance with California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Contract. 11.3 Contractor’s duties under this entire Section 11 are not limited to Contract Price, Workers’ Compensation, or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of i ndemnity in favor of Contractor against City or any other 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 Contract, 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 Contract. 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 Contract. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit C, and must maintain the insurance for the Contract Time, or longer as required by City. City will not execute the Contract 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 it s sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Contract. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Contract. 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 Work, as required by the Immigration Reform and Control Act. Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 6 of 12 13.2 Labor Laws. a. The following provisions apply to any Service Order of $1,000 or more: i.In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”) to all workers employed on this project. In accordance with Labor Code Section 1815, Contractor and all subcontractors shall pay all workers employed on this project 1 ½ the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. ii.Registration. Contractor and all subcontractors shall not engage in the performance of any work under this Contract unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number, along with the registration numbers of any subcontractors as required, to the City. iii.Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR. iv.Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. v.Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made available to any interested party upon request. vi.Employment of Apprentices. Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. vii.Penalties. Contractor’s attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 7 of 12 b. Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day’s work. Contractor will also be required to pay City a penalty of $200.00 per worker for each day of violation. c. As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the work of this contract.” 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 Contractor’s employees or subcontractors 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, its employees, subcontractors, servants, and agents, may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City (“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and agents warrant they are not employees of City nor do they have any relationship with City officials, officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it 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 b y City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of this Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements, or terminating this Contract. City reserves all other rights and remedies available under the law and this Contract, including the right to seek indemnification under Section 11 of this Contract. 14. BONDS For any Service Order of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the compensation pursuant to the Service Order, using the Bond Forms attached and incorporated here as Exhibit D. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven (7) calendar days after written notice from City. If Contractor fails to do so, City may in its sole Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 8 of 12 discretion and without prior notice, purchase bonds at Contractor’s expense, deduct the cost from payments due Contractor, or terminate the Service Order or Contract. City will not authorize work under a Service Order until the required bonds are submitted. 15. UTILITIES, TRENCHING, AND EXCAVATION 15.1 Contractor must call the Underground Service Alert (“USA”) 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City’s Service Center must be called at (408) 777- 3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For Service Orders where compensation is $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705, prior to commencing work. The plan must show the design of shoring, bracing, sloping, and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state, and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters, and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 9 of 12 filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor’s failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. 17. PROJECT COORDINATION City Project Manager. The City assigns Alex Wykoff as the City’s representative for all purposes under this Contract, with authority to oversee the progress and performance of the Scope of Work. 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 Robert Hardesty as its single Representative for all purposes under this Contract, with authority to oversee the progress and performance of the Work. Contractor’s Project manager is responsible for coordinating and scheduling the Work in accordance with City instructions, service orders, and the Schedule of Performance. Contractor must regularly update the City’s project manager about the status, progress and any delays with the work. City’s written approval is required prior to Contractor substituting a new Representative which shall result in no additional costs to City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Work or parts thereof at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out Work under a Service Order. With City’s pre-approval in writing, the time spent in closing out Work under a Service Order will be compensated up to ten percent (10%) of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products, and deliverables completed. Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 10 of 12 19. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. 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. 20. 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 Contract, the prevailing party will be entitled to reasonable attorney fees and costs. 21. SIGNS/ADVERTISEMENTS No signs may be displayed on or about City’s property, except signage which is required by law or by the Contract, without City’s prior written approval as to size, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work 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. 24. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, materials, and equipment should pass to City free of claims, liens, or encumbrances. Contractor warrants the Work and materials for one year from the date of City’s acceptance of the Work as complete (“Warranty Period”), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor’s Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 25. ENTIRE AGREEMENT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If there is any inconsistency between Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 11 of 12 any term, clause, or provision of the main Contract and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling. 26. SEVERABILITY/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 27. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all provisions regarding warranties, indemnities, payment obligations, insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract ends. 28. INSERTED PROVISIONS Each provision and clause required by law for this Contract 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. 29. HEADINGS The headings in this Contract are for convenience only, are not a part of the Contract and in no way affect, limit, or amplify the terms or provisions of this Contract. 30. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 31. 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 (5th) 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: Alex Wykoff Email: alexw@cupertino.org To Contractor: Able Septic Tank Service 1020 Ruff Dr. San Jose, CA 95110 Attention: Robert Hardesty Email: bob@ableseptic.com Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup On-Call Public Works Contract/ April 2024 Page 12 of 12 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. This Contract may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Contract to be executed. CITY OF CUPERTINO A Municipal Corporation By Name Title Date ABLE SEPTIC TANK SERVICE By Name Title Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date robert hardesty robert hardesty project manager Jul 1, 2024 Christopher D. Jensen Chad Mosley Director of Public Works Jul 1, 2024 Jul 1, 2024 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. MASTER AGREEMENT #: MA Date: Maximum Compensation: MA End Date: Consultant: Firm Name: Address: Contact: Ph: Email Address: City Project Management Managing Department: Public Works Project Manager: Fiscal/Budget : Master Agreement Maximum Compensation: $ Total Previously Encumbered to Date: Encumbrance this Service Order: Master Agreement Unencumbered Balance: Approvals: Consultant: Date: Manager: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature City Finance: Date: Management Analyst City of Cupertino Master Agreement Service Order Item Description GL Account Code Project Code SO Acc't #: Project #: PO #: Date: EXHIBIT B Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 1 Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (“CGL”): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer’s non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement 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 (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 10 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy 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 before the City’s own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 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 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. ☐ N/A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. ☒ N/A if box checked (Contract is not design/build).. 5. Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. ON-CALL PUBLIC WORKS CONSTRUCTION CONTRACTS Insurance Requirements: Exhibit C Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 2 ☒ N/A if box checked (Project does not involve construction or improvements/installations to property). 6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ☐ N/A if box checked (Project does not involve environmental hazards) If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a “primary and non-contributory” basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder’s Risk Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder’s Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 3 building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site. Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the applicable Service Order Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. 1325217.1 04/23/2024 Acrisure 4010 Moorpark Ave Suite 117 San Jose CA 95117 Jamie Kelch (408) 739-8300 (866) 826-6781 jkelch@acrisure.com Able Underground Construction, Inc Glen Gilbert DBA: Able Septic Tank Service 1020 Ruff Drive San Jose CA 95110 Travelers Indemnity Co. of CT 25682 Hartford Fire Insurance Company 19682 Travelers Property Casualty Company of America 25674 Sentinel Insurance Company Ltd 11000 Navigators Specialty Insurance Company 36056 CL2442320365 A Y Y DT22-CO-1H399617-TCT-24 05/01/2024 05/01/2025 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 B Y Y 57UEABB4971 07/20/2023 07/20/2024 1,000,000 C CUP-1T458879-24-NF 05/01/2024 05/01/2025 4,000,000 4,000,000 D Y Y 57WEAAK5D1E 05/01/2024 05/01/2025 1,000,000 1,000,000 1,000,000 E Contractor's Pollution Liability CH24ECPZ03WSXIC 05/01/2024 05/01/2025 Incident $2,000,000 Aggregate $2,000,000 Deductible $10,000 If required by a written agreement or a contract, per attached CG D2 46 04 19, HA99160312 The City of Cupertino and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees are Additional Insured with respects to the General Liability and Auto Liability coverages. Waiver of subrogation applies per form CG D3 16 02 19, CA 04 44 10 13 and WC 04 03 06 with respect to the General Liability, Auto Liability and Workers Compensation coverages. Primary & Non-Contributory endorsement applies to the General Liability and Auto Liability per forms CG D2 46 04 19 and HA99160312. City of Cupertino 10300 Torre Ave Cupertino CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY COMMERCIAL AUTOMOBILE HA 99 16 12 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form HA 99 16 12 21 Page 1 of 5 © 2021, The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED Paragraph .1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add the following: d. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. e. Employees as Insureds (1). Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. f. Lessors as Insureds (1). The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (a) The agreement requires you to provide direct primary insurance for the lessor and (b) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. g. Additional Insured if Required by Contract (1) When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (a) During the policy period, and (b) Subsequent to the execution of such written contract, and Policy# 57UEABB4971 Page 2 of 5 Form HA 99 16 12 21 (c) Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2) How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: (a) The limits of insurance specified in the written contract or written agreement; or (b) The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3) Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non- contributory with the additional insured's own insurance. (4) Duties in The Event Of Accident, Claim, Suit or Loss If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in LOSS CONDITIONS 2. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS – OF SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. 2. Primary and Non-Contributory if Required by Contract Only with respect to insurance provided to an additional insured in A.1.g. - Additional Insured If Required by Contract, the following provisions apply: (1) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance 5.d. (2} Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, by the method described in SECTION IV- Business Auto Conditions, B. General Conditions, Other Insurance 5.d. 3. AUTOS RENTED BY EMPLOYEES Any "auto" hired or rented by your "employee" on your behalf and at your direction will be considered an "auto" you hire. The SECTION IV- Business Auto Conditions, B. General Conditions, 5. OTHER INSURANCE Condition is amended by adding the following: e. If an "employee’s" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee’s" personal insurance. Policy# 57UEABB4971 Form HA 99 16 12 21 Page 3 of 5 4. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in-force covering all of your "employees". Coverage is excess over any other collectible insurance. 5. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 6.PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 7. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loan/lease. "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 8. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 9. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b. Section III, Physical Damage Coverage, Limit of Insurance, Paragraph C.2. is amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: Policy# 57UEABB4971 Page 4 of 5 Form HA 99 16 12 21 (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 10. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 11. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 12. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc. company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 13. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 15. HIRED AUTO - COVERAGE TERRITORY SECTION IV, BUSINESS AUTO CONDITIONS, PARAGRAPH B. GENERAL CONDITIONS, 7. - POLICY PERIOD, COVERAGE TERRITORY - is added to include the following: (6) For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 16. WAIVER OF SUBROGATION Paragraph 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS A. Loss Conditions is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 17. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 18. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. Policy# 57UEABB4971 Form HA 99 16 12 21 Page 5 of 5 19. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non-hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non-hybrid" auto’s actual cash value or replacement cost, whichever is less, b. The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a. A "non-hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b. A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 20. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. Policy# 57UEABB4971 COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION 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. A.The following is added to the Other Insurance B.The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance - Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos LiabilityCoverage Form and supersedes any provision to Coverage and General Liability Coverages arethe contrary:primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1.Such "insured" is a Named Insured under suchan "insured" under your policy provided that:other insurance; and 1.Such "insured" is a Named Insured under such 2.You have agreed in writing in a contract orother insurance; and agreement that this insurance would be 2.You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 Policy# 57UEABB4971 POLICY NUMBER: 57 UEA BB4971 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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: Able Underground Construction, Inc., Glen Gilbert dba: Able Septic Tank Service Endorsement Effective Date: 07/20/2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): If required by written contract or agreement. 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. CA 04 44 10 13 Page 1 of 1© Insurance Services Office, Inc., 2011 COMMERCIAL AUTO CA 99 48 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by the endorsement. A.Liability Coverage is changed as follows: "Covered pollution cost or expense"does not include any cost or expense arising out of the1.a.PollutionParagraphofthe Exclusion actual,alleged or threatened discharge,applies only to liability assumed under a dispersal,seepage,migration,release or contract or agreement. escape of "pollutants": 2.With respect to the coverage afforded by a.Before the "pollutants" or any property inA.1.B.6.Care, Paragraph above,Exclusion which the "pollutants"are contained areCustodyOrControldoes not apply. moved from the place where they areB.Changes In Definitions accepted by the "insured"for movement For the purposes of this endorsement,Paragraph into or onto the covered "auto"; or D.Definitionsofthe Section is replaced by the b.After the "pollutants"or any property in following: which the "pollutants"are contained are D."Covered pollution cost or expense"means any moved from the covered "auto"to the cost or expense arising out of: place where they are finally delivered, disposed of or abandoned by the1.Any request,demand,order or statutory or "insured". regulatory requirement that any "insured"or others test for,monitor,clean up,remove, a.b.Paragraphs and above do not apply to contain,treat,detoxify or neutralize,or in "accidents"that occur away from premises any way respond to, or assess the effects of owned by or rented to an "insured"with "pollutants"; or respect to "pollutants"not in or upon a covered "auto"if: 2.Any claim or "suit"by or on behalf of a governmental authority for damages (1)The "pollutants"or any property in because of testing for,monitoring,cleaning which the "pollutants"are contained up,removing,containing,treating, are upset,overturned or damaged as detoxifying or neutralizing,or in any way a result of the maintenance or use of responding to or assessing the effects of a covered "auto"; and "pollutants".(2)The discharge,dispersal,seepage, migration,release or escape of the "pollutants"is caused directly by such upset, overturn or damage. CA 99 48 03 06 Page 1 of 1© ISO Properties,Inc.,2005 COMM RCI L G NERAL IAB L TYE A E L I I T IS ENDORSEMENT CHANGES T E POLICY. PL ASE READ IT CAREFULLY.H H E BLANKET ADDITIONAL INSURED (Incl des Products-Completed Operations If Required By Conturact) Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w COMM RCI L G NERAL IAB LI Y COVERA E PARTE A E L I T G P O ISIONRV S (1)Any "bodily injury", "property dam ge"oar "pe sonal injury arising out o the pr ov di g,r " f i nThefol owing i added tol s SE TI N II WHO IS ANCO or f a l re to prov de, any pro e sionaliui f sINSUEDR: arch te tural engin eerng o surv yingi c , i r eAnypersono o gan zat on that yo agree in ar r i i u se v ce ,ncl ding:r i s i uwritenconractoragreemnttoin lude a ant t e c s addi ional i sured o thi Cov rage Part i atn n s e s n (a)The preparin ,approv ng, or fa li g togi i n i sured,ut onlyn b :prepa e or approv ,ma s, shopre p drawi gs,opin on ,reports,surv y ,n i s e sa.Wi h re pe t to l abi ity fo "bodily injury ot s c i l r "r fi l orders or change orders,or theed"prope ty dam ge that o curs,or fo "perso alra" c r n prepa i g,appr ov ng, or fa l n torni ii gijuy ca sed by an o fe se that is comm ttednr"u f n i , prepa e or app ov ,drawings andr r esubsequenttothesigningofthatcontractor ag ee ent and while tha pa t o the contra t ormtrf c r spe i i a io s;andcfc t n ag ee ent s in e fe t;andrmi f c (b)Su er vso y,in pe t on,archi ect ral opirs ci t u rb.If a d only to the ex ent that such injury o,n t ,r engineerin a tvt e .g ci i i sdamaeiscasedbyatsoomssiosoyoog u c r i n f u r (2)Any "bodiy inju y or "prope ty dam gelr"r a "y ur subco tra tor in the perfo m nce o "y uo n c r a f o r caused by "y ur work an in luded in theo"d cworktowhichthewritencontatoragreemen" t r c t "produ ts-com leted o eraton hazardcp p i s "appl e .Such person or organiz a ion doe noi s t s t uness the wri ten cont a t o ag ee entl t r c r r mqualfyaanaditional in ured with re pect toi s d s s the ind ependent a t o om ssions o such spe i i a ly requi escsri f cfc l r y u to pr ov de suchoi pe son or organizationr.cov rage fo that addi ional in ured durinert s g the oli y pe iod.p c rTheisuranceprovdedtosuch ad it onal insured isnidi subje t o he o lo ing p ov sions:c t t f l w r i c.The ad itional insured m st com ly with thed u p a.If the Lim t o In uran e o thi Cov rage Part fo lowi g dutieis f s c f s e l n s: shown in the De laratio s ex eed the mnim mcnc i u (1)Giv us wri ten no i e as soon a pra tica leet tc s c blmtrequiedbythewrittenco tra t oi i s r n c r o an "o cur en e o an o fe se whi h m yf c r c "r f n c aag ee ent, the i surance prov ded to thermni re ult i a clai . To t e ex en possible suchsnmht t ,addi ional insured wil be to sucht l no ice should in l de:t c umnim m required lim ts.Fo the purp o e oiuirs s f de erm nin whether thi applie ,thet i g s s (a)How, when an where the "o cur en edcrc "mnim m im t requi ed by the wri ten co tra t oiul i s r t n c r or o fe se too pla e;f n k cag ee ent will be co sidered to include thermn (b)The nam s and addre se o anyinj redes s f umnimmlimtsoanyUmb el a o Ex essiui f r l r c pe sons an witne se ;andrds slabltycovragerequiedfotheaddiionali ii e r r t i sured by that writ en cont a t o agreem nt.n t r c r e (c)The nature and lo ation o any inj ry oc f u rThiprovsionwillnot increa e the lim t os i s i s f dama e ari ing out o the "o cur en egs f c r c "i suran e de cribed in Se tionc s c n III Lim t Ofi s or o fe se.f nInurance.s (2)If a cla m is ma e or "sui " i brought agai stidt s nb.The insurance prov ded to such addi ionali t the ad it onal nsureddi i :i sured does not ap ly o:n p t CG 2 46 04 19D Pa e 1 o 2gf limited limitation © 2018 The Travelers Indemnity Company. All rights reserved. 24 COMM RCI L G NERAL IAB LITYE A E L I (a)Im e ia ely re ord the spe i i s o themdt c cfc f (4)Te der the de ense and i dem i y o anynfn n t f cla m or "suit an the date re eiv d; and cla m or "sui"to any prov deri "d c e i t i o othefr i suran e which woul cov r such addi ionalncd e t(b)No i y us a soo a practi able and seetf s n s c i sured fo a lo s we cov r.Howev r,thisnrse etoitthat we re eiv wri ten noti e o thecet c f condi ion doe not a f ct whethe thet s f e rclamor"suit a soon a pra ti ablei " s s c c .i suran e pr ov ded to such addi io alnc i t n(3)Im e ia ely send us cop es o all legalmdt i f i sured i prima y to ot er insuranc ensrhpapesreceivdinconnetonwiththeclairecimavilaletosuchaddiional insured whi ha b t cor"sui ",coopera e wit us in thet t h cov r that person or a aes si v stigat on o se tlem nt o the claim on e i r t e f r name i sured a de cribed i Paragraphd n s s n 4.,de e se against the "sui ",and oherwisefnt t Ot e In uran e o Se tionhrs c , f c IV Com e cialmrcomly wit all pol cy o ditio s.p h i c n n Ge eral ondit on .n C i s Pa e 2 o 2gf CG 2 46 04 19D organization Liability © 2018 The Travelers Indemnity Company. All rights reserved. COMM RCI L G NERAL IAB LI YE A E L I T T IS ENDORSEMENT CHANGES T E POLICY. PL ASE READ IT CAREFULLY.H H E XTEND ENDORSEM ENT FOR CONTRACTORS Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w COMM RCI L G NERAL IAB LI Y COVERAG PA TE A E L I T E R GE ERAL D SCRIP ION O CO ERAGE N E T F V Thi endorsem nt broadens cov rage. Howev r cov rage fo anyse e e ,e r i ju y,dama e o me i al ex ense descri ed in any o the provnrgrdcpsbf i ion o th s e dorseme t may bs s f i n n e ex luded orc l m ted by anothe endorsem n to this Cov rage Pa t,and the e ci i r e t e r s ov rage broadening prov sions do no ap ly toei t p the ex en tha cov rage is ex l ded or lim ted by such an ent t t e c u i dorsem n .The fo lo ing li ti g i a get l w s n s eneral cov rage de cript on only Read al the prov sions o thi endorses i . l i f s em nt and the re t o y ur pol cy ca e ulles f o i r f y to de erm ne r gh s,dutes, and wha i and s not cov red.t i i t i t s i e A.Wh I An Insured Unnam d Subsid arieosei s C.In i ental Med cal Mal racti ecdipc B.Bla ket Addit onal Insured Gov rnme talnie n D.Bla ket Wa v r f Sub ogationnieOr En it e Pe m t Or Au ho iza ions Re ati g Tot i s r is t r t l n E.Co tra tua Liab l ty Rai roadnc l ii l sOpeatiosrnF.Da a e T o Prem se Ren ed o Youmgi s t T P O ISION a.R V S An o ganizaton ohe than a pa tnership,jo ntri t r r i v nture or l m ted liab l ty company; orei i iiA. WH IS AN INSU ED UNNAMEDOR b.A rust;tSUBS DIARIESI The fol owing is ad ed told SE TION II WHO ISC a indi a ed in is nam o the docum n s thas c t t e r e t t AN INSU EDR:gov rn it stru ture.e s c Any o yo r sub idiar e ,oher than a pa tnershi ,f u s i s t r p B B ANKET ADD TIONA INSURED .L I Ljonvntureolim ted liabil ty com any,that ii t e r i i p s GO E N ENT L EN IT ES P RMIT OVR M A T I E S RnoshownasaNamdInsuredintheteAUH R ZA I N R L TI G T O E AT O STOITOS E A N O P R I Niaamd In ured f:s N e s i The fol owing is ad ed told SE TION II WHO ISCa.Yo are the soe owner o ,o ma ntai anul f r i n AN INSU EDR:ownership intere t o mo e than 50%in,suchs f r Any gov r men al enti y tha ha issued a perm te n t t t s isubsidiayonthefist day o the pol cy perio ;r r f i d or authoriza ion wit re pe t to ope ationsths c rand pe fo med by yo or on your behal and that your r u fb.Su h subsidiary i not an in ured undec s s r are required by any o dinanc e,law ,buil ing coderdsiilaohernurance.m r t i s or written cont act or agreeme t to incl de a anrn u s No such subsidiary i a insured fo "bodily inju ysnr r "addi ional i sured on thi Cov rage Pa t is atnsern or "property dama e" tha o curred,o "perso al i sured, but only wi h re pgt c r n n t s e t to liabi i y fo "bodilyc lt r i ju y","prope ty dam ge" or "perso al andnr r a nandavrtsingijuy"caused by an o fe sed e i n r f n adv rti ing inj ry"ari ing ou o uch operatio s.e s u s t f s ncomited:m t The in uran e prov ded to such gov r men als c i e n ta.Be o e you ma ntai ed an ownership intere tfrins en ity doe not apply o:t s tomoe than 50% i such ub idiary; orfrns s a.Any "bodiy inju y ,"property dama e olr"g "rb.Af e the date,i any duri g the poli y periotrf ,n c d "pe sonal and adv rti ing injury"a i ing o t oresrsufthatyonolongerma ntain a ownershiuin p operatio s perfo m d f o the gov r men alnrere n titeretoorehan 50% n such subsi ia y.n s f m t i d r en ity ort ;Fo purpose o Pa agraphrs f r 1.o Se tionf c II Who b.Any "bodily inj ry or "property dam geu"a "Is An Insured,ea h such subsidiary wil bec l i clu ed in the "products-co ple edn d m tdeemd to e de ignated in the Declarat on a :e b s i s s operatio s hazard".n CG 3 16 02 9D1 © 2017 The T avelers Indemnit Company. All rightsry reserved.Pa e 1 o 3gf Includescopyrighted material of Insurance Services Of ice, Inc.,with its permission.f Declarations 4 COMM RCI L G NERAL IAB LI YE A E L I T C. IN IDEN AL ED CAL ALPRACTI EC T M I M C pharma eut cal co m t ed by o wi h thec i s m it ,r t k owledge o co sent o ,the n urednrnf i s .1.The fo lo i g repla e Pa agraphlwnc s r b.o thef de i i ion o "o cur en e in thefnt f c r c "5.The fol owing i a ded to thel s d D FIN TIONEIS D FIN TIONEIS Se tion:c Se tio :c n b.An a t o om ssio com i ted i provdincrinmtnig "In i ental m d cal se v ce "m a s:c d e i r i s e nor fa l ng to pr ov de "incidental me icaii i d l a.Med cal surgi al dental laborato y,x rayi , c , ,r -se v ce ",fi st a d o "Good Sam r tanri s r i r a i or nur ing se vce or treatm n ,advce osriet i rsevce"to a person,unle s yo are iri s s u n i struction o the related fur i hi g on,r n s n fthebusinesorocupatonoprov dins c i f i g fo d or bev rages; oro eproesionalheathae se vce .f s l c r r i s b.The furni hing o di pensing o dru s osrs f g r2.The fo lowi g rep a es the la t paragraph olnl c s f m d cal dental o surgi al supplie oei , ,r c s rPa ag aphr r 2..(1)a of SECTI N II WHO ISO appl a ce .i n sANINSUEDR: 6.The fol o ing i added to Parag aphlwsr 4.b.,Unle s yo a e in the business or o cupatiosurcn Ex ess In urancec s ,of SE TION IV Coprovdi g pro e sional healt ca e s e v ce ,f i n f s h r r i s Pa ag aphsr r (1) a)(,(b),(c)and (d)abov doe CO MERCIAL GENE AL LIABI ITM R L Y COND T ONI I Snotapplyto:"bodily injury"arising out of prov din o ai ing o rov de:i g r f l t p i Thi i suranc e i ex e s ov r any v li ansns c s e a d d (a)"In i ental me ica se vce "by any ocd d l r i s f col e ti le oth e in uranc e whether prim ry,l c b r s ,a y ur "em loyee "who is a nu se,nurseo p s r ex e s, conti gent o on any other ba is,thatc s n r s a sistant,em rgen y me i al techni iasecdc c n i av ilab e to any o your "em loy es"fosal f p e r or arame ic;orp d "bo ily injury that ari e ou o prov ding od" s s t f i r fa l n to prov de "i cidental medi al servce "ii g i n c i s(b)F rst ai or "Good Sama itan se v ce "byidr r i s a y o y u "em loyee "o "to any pers o to the ex ent notnforpsrnt subje t tocvlunteero Pa ag aphr r 2.a. 1)(o Se t onf ci II Who Is Anworkers",other than an employed or v lunteer do tor.Any such "em loyee "o c p s In ured.s or "v lu teer wo kers"prov ding o fa l ngo n r i r ii D B ANKET WAIVER O SUB O ATION.L F R Gtoprovdefi st aid or "Good Sama i anir r t The fo lowing is a ded to Paragraphld 8.,Tra sfenrsevce"during thei work hou s fo youri s r r r O Righ s O Reco ery Agai st O hers To Usf t f v n t ,wil be deem d to be a t ng wi hin theleci t of SE TION IV CO MERCIAL GENER ALC Mscoeotheiem loym nt by yo opfrp e u r pe fo m n dutie rela ed to the co du tr r i g s t n c L ABI I Y CO DT ONIL T N I I S: o yo r busine s.f u s If the insured has a ree in a cont act og d r r 3.The fo lo i g repla e the la t se tence olwnc s s n f ag ee ent to waiv that i sured' righ orme n s t f Pa ag aphr r 5.of SE TION III LIMITS OC F re ov ry agains t any person o o gan zat on, wecer r i i INSU AN ER C :waiv our right o e ov ry again t uch pe son oefrces s r r organi ation,but only fo pay ents we ma ezrmkFothe purpo e o dete m nin thers s f r i g be auseo :c fappl cable Ea h Occurr ence Lim t,al relatedi c i l a t or om ssions com ited i prov di g ocs i m t n i n r a."Bo ily i ju y"o "property dam ge"thatd n r r afalntoprovde"inci ental me icaiigid d l o curs; ocrsevce ",fi st a d o "Good Sam r tanri s r i r a i b."Pe so al and adv rti ing inj ry"ca sed byrn e s u usevce"to any one perso wil be deeme tori s n l d an o fe se hat i com it edfnt s m t ;be one "o currence".c 4.The fo lowi g ex lu ion i added to subsequent to the ex cution o thelnc s s e f cont a t orcr Pa ag aphr r 2.,Exclus onis,of SE TION I C ag ee ent.r m CO ERAGES CO ERAGE A BODI YV V L E.CON RACTUAL IABILIT RAIL OADT L Y R SINJUY AND P OP RT DAMAGER R E Y L ABI I YIL T :1.The fol o ing repla e Pa agraphlwc s r c.o thef de i i ion o "insured cont act"i thefnt f r nSae O Ph rmaceu icalslfat D FIN TIONEIS Se tion:c"Bo ily inju y or "property dama e" ari ingdr"g s ou o the v ola ion o a penal stat te ot f i t f u r c.Any ea em nt or l cense agreem nt;s e i e ordi ance rela i g to the sale ontnf Pa e 2 o 3gf © 2017 The T avelers Indemnit Company. All rightsry reserved.CG 3 16 02 9D1 Includescopyrighted material of nsurance Services Of iceI f ,Inc.,with its permission. COMM RCI L G NERAL IAB LITYE A E L I 2.Pa ag aphr r f.1)(o the de init o o "i suredf f i n f n a.Any prem se whi e rented to yo oi s l u r cont a t i therc"n D FIN TIONEIS Se tion is tem or a iy o cupied by you wi h pe m ssioncprl c t r i de eted.o he owne ; orl f t r F DAMAGETO P EMISE EN ED TO YOU b.R S R T .The co tent o any premi e whi e suchns f s s l prem se i rented to yo , i y u rent suchi s s u f oThefolowingreplaethe de i ition o "prem sel c s f n f i s prem se f o a period o sev n or fewei s r f e rdamaeinheg" t DEF NIT ONSI I Se tionc :conse utiv day .c e s"Pre i e dama e m a s "property dama e"to:m s s g "e n g CG 3 16 02 9D1 © 2017 The T avelers Indemnit Company. All righ sryt reserved.Pa e 3 o 3gf Includescopyrighted material of nsurance Services Of iceI f ,Inc.,with its permission. POLICY :NUMBER THIS ENDORSEMENT CHA OLICY. PLEASE READ I EFULLYNGES THE P T CAR DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement i ies insurance pro ided under t folmodf v he lowing: COMMERC GENERAL L ITY VERA AIAL IABIL CO GE P RT SCHEDULE Designated jectPro Designated Pro General Aggregate(s):ject(s): A.3.COVERAGE A.For al sums which the insured becomes legal Any payments made underlly obligated to pay as damages caused by "occur- for da or under formagesCOVERAGEC. rences"under ,and med e shall reduce the DesiCOVERAGEA.(SECT IION)ical xpenses g- for al med e s caused by accidents un- nated Projec General Aggregate L m forlicalxpenset i it der ,which can be that designated "project". Such paymentsCOVERAGEC(SEC I I)T ON attr only to operations at a single desig-shall not reduce the General Aggregate Limibutedit nated "project shown in the Schedule abo e:" v shown in the Declarat nor shall they re-ions duce any other Designated Pro Generalject1.A separate Designated Project General Ag-Aggregate Li it fo any other designatedmrgregate Li it app designated "pro-m lies to each "project" n in the dule abo e.show Sche vject" and that l m is equal to the amount of, i it the General Aggregate Li t shown in the The l m shown in the Declarations formiiits4.Each Declarat unless separateions,Designated Occurrence, Damage T Premises Reonted Project General Ag T Yo and Me Expegregate(s)o u dical nseare sche continue tod- uled abo .ve apply. Howe instead o be subject tover,f ing the General Aggregate Li t shown in themi2.The Designated Project General Aggregate Declarat such li its will be subject to theions,mLi it is the most we will pay for the sum o almf l applicab Designated Project General Ag-ledamages under ,exceptCOVERAGEA.gregate Li itm.damages because of "bodil in "or "prop-y jury erty damage inc in the "products- For al sums which the insured becomes legal"luded l lyB. comp operations hazard ,and for med obligated to pay as damages caused by "occur-leted "i- cal expenses under ,regar rences"under ,andCOVERAGECCOVERAGEA.(SECT Id-ION ) less of the onumberf:for al med e s caused by accidents un-l ical xpense der ,which cannotCOVERAGEC.(SEC ON I)TIa.Insureds;be attribu only to operations at a sing desitedleg-b.Clai made or "suits" brought; orms nated "project shown in the Schedule abo e:" v c.Persons or organizations m ing clamsaki or bringing "suits". CG D2 11 01 04 Copyright,Tra elers Inde ity mpany, 2004 Page 1 oThevmn Co f 2 COMMERCIAL GENERAL LIABILITY ISSUE D ATE: 4 COMMERC GENERAL L ITYIAL IABIL 1.COVERAGE A.Any payments made under v ded, any pa ments for da because ofi y mages for da or under for "bodily injury or "property damage" inmages"COVERAGE C. med e shall reduce the amount the "products-comp o erat hazard"willical xpenses leted p ions a ilab under the General Aggregate Lim reduce the Products Comp Operat Ag-va le it -leted ions or the Products Completed Operat Ag-gregate Li t,and not reduce the General Aggre--ions mi gregate Li it ver is applic bm, whiche a le; and gate Li it nor the Designated Pro Generalmject Aggregate Li itm.2.Such payments shall not reduce any Desig- nated Projec General Aggregate L m .t i it E.Defi i-For the purposes of this endorsement the n tio Sectionsn is amended by the addit of theionC.2.SEC ION I LI T OFPartofTIIMI S INSURANCE fo lowing def itlinion:is deleted and rep folaced by the llowing: "Projec "means an area away fro pre isestmm2.The General Aggregate Li i is the most wemt owned by or rented to you at which you are per-will for o :pay the sum f for ing oper t pursuant to a contract ormaionsa.Coverage BDamages under ; and agreement. For the purposes of deter ing themin b.Damages f m "occurrences" under applicab aggregate li t o insurance, eachrole mi f COVERAGE A (SECT I)ION and for al "project"that includes prem in l i thelisesvovng med e caused by accidents same or connecting lots, or prem whose con-ical xpenses ises under which nection is interrupted only by a street,roadway,COVERAGE C (T I)SEC ION cannot be attr buted only to operat at waterway or right of way of a railroad shall beiions- - considered a single "projec ".ta single designated "project" shown in the SCHEDULE abo e.v F.SEC ION I LIM T OFThepro ons ofvisi T II I S D.INSURANCEWcoerage for liab li arising out o the not otherwise modi ied by this en-hen v i ty f f dorsement shall to applycontinue as stipulated."products-comple operations hazard is pro-ted " Page 2 o Copyright,Tra elers Inde ity mpany, 2004f 2 The v mn Co CG D2 11 01 04 included THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative (1) Printed in U.S.A.Form WC 04 03 06 Process Date:04/23/24 Policy Expiration Date:05/01/25 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Endorsement Number:Policy Number:57 WEA AK5D1E Effective Date:05/01/24 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:ABLE UNDERGROUND CONSTRUCTION INC 1020 RUFF DR SAN JOSE CA 95110 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.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us Able Septic for Emergency Cleanups for Untreated/treated Sewage & Food Related Waste Cleanup Final Audit Report 2024-07-01 Created:2024-06-19 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAI0WnjIzKXpIU1F_XcbF7XnxF8ZmunS3s "Able Septic for Emergency Cleanups for Untreated/treated Sew age & Food Related Waste Cleanup" History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-06-19 - 1:05:07 AM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2024-06-19 - 1:07:22 AM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2024-06-19 - 1:45:17 AM GMT- IP address: 104.47.73.126 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2024-06-19 - 1:45:26 AM GMT - Time Source: server- IP address: 174.85.102.16 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-06-19 - 1:45:28 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-06-24 - 5:28:51 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to bob@ableseptic.com for signature 2024-06-24 - 5:28:54 PM GMT Email viewed by bob@ableseptic.com 2024-06-24 - 5:31:02 PM GMT- IP address: 12.17.156.194 Email viewed by bob@ableseptic.com 2024-06-30 - 4:00:13 AM GMT- IP address: 99.43.11.254 Email viewed by bob@ableseptic.com 2024-07-01 - 2:53:28 PM GMT- IP address: 12.17.156.194 Signer bob@ableseptic.com entered name at signing as robert hardesty 2024-07-01 - 2:58:30 PM GMT- IP address: 12.17.156.194 Document e-signed by robert hardesty (bob@ableseptic.com) Signature Date: 2024-07-01 - 2:58:32 PM GMT - Time Source: server- IP address: 12.17.156.194 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-07-01 - 2:58:35 PM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-07-01 - 3:00:03 PM GMT- IP address: 104.47.73.126 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-07-01 - 3:00:21 PM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-07-01 - 3:00:23 PM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2024-07-01 - 3:00:26 PM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2024-07-01 - 4:23:26 PM GMT- IP address: 104.47.74.126 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2024-07-01 - 4:23:46 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-07-01 - 4:23:50 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-07-01 - 5:01:37 PM GMT- IP address: 104.47.73.126 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-07-01 - 5:01:47 PM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2024-07-01 - 5:01:47 PM GMT