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24-089 American Integrated Services for hazardous and non-hazardous waste clean upsAmerican Integrated Services, Inc. for hazardous and non-hazardous waste clean ups Page 1 of 9 Professional/Consulting Contracts /Version: April 2024 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and American Integrated Services, Inc. (“Contractor”), a Corporation for hazardous and non- hazardous waste clean ups, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2029 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2029. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. American Integrated Services, Inc. for hazardous and non-hazardous waste clean ups Page 2 of 9 Professional/Consulting Contracts /Version: April 2024 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $60,000.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 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 Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this American Integrated Services, Inc. for hazardous and non-hazardous waste clean ups Page 3 of 9 Professional/Consulting Contracts /Version: April 2024 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. American Integrated Services, Inc. for hazardous and non-hazardous waste clean ups Page 4 of 9 Professional/Consulting Contracts /Version: April 2024 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; American Integrated Services, Inc. for hazardous and non-hazardous waste clean ups Page 5 of 9 Professional/Consulting Contracts /Version: April 2024 (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, or a purchase order, or other transaction. 11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6 This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. American Integrated Services, Inc. for hazardous and non-hazardous waste clean ups Page 6 of 9 Professional/Consulting Contracts /Version: April 2024 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Alex Wykoff as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Nathan Stanley as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. American Integrated Services, Inc. for hazardous and non-hazardous waste clean ups Page 7 of 9 Professional/Consulting Contracts /Version: April 2024 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. American Integrated Services, Inc. for hazardous and non-hazardous waste clean ups Page 8 of 9 Professional/Consulting Contracts /Version: April 2024 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit, or amplify the terms or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Alex Wykoff Email: alexw@cupertino.org To Contractor: American Integrated Services, Inc. 1502 East Opp Street Wilmington, CA 90744 Attention: Nathan Stanley Email: nstanley@americanintegrated.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. SIGNATURES CONTINUE ON THE FOLLOWING PAGE American Integrated Services, Inc. for hazardous and non-hazardous waste clean ups Page 9 of 9 Professional/Consulting Contracts /Version: April 2024 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date John Georgagi John Georgagi Executive Vice President Aug 1, 2024 Christopher D. Jensen Director of Public Works Chad Mosley Aug 2, 2024 Aug 2, 2024 Exhibit A & B The Services contemplated in connection with the response to discharges or the potential discharges of hazardous and/or non-hazardous substances within or on the public right-of-way or other City owned property may include, but not be limited to, the following: •Responding to service calls from City staff in a timely and reasonable manner through June 30, 2029; •Coordination with City staff of all aspects of the project including scheduling, performance of site work, and follow up; •Assessment and identification of unknown discharged solid and liquid materials as needed; •Containment, recovery, repackaging and removal of discharged or potentially discharged materials; •Site evaluation, decontamination and restoration; •Transportation, storage, treatment, and disposal of all wastes and associated contaminated materials including containers and equipment used in the decontamination and restoration; •Coordination and implementation of appropriate and effective traffic control around the work area; •Coordination of all federal, state, and local hazardous and non-hazardous required administrative document submittals and reports; •Technical services including sampling, laboratory analysis, and other related services as needed; •Standby and availability of personnel and equipment in anticipation of imminent activation twenty-four hours per day, seven days per week including holidays; •Contractor to conduct training and provide evidence at the City’s request that all response and remediation personnel have all required licenses and certification to handle, remediate, transport, and dispose of all material collected; •Obtain all permits required to perform the necessary work. Rate Sheet EFFECTIVE JANUARY 1, 2024 Southern California Region Wilmington, CA Anaheim, CA Riverside, CA Ventura, CA Central California Region Bakersfield, CA Northern California Region Fairfield, CA Rancho Cordova, CA Corporate Headquarters American Integrated Services 1502 East Opp Street Wilmington, CA 90744 www.americanintegrated.com (888) 423-6060 Prevailing Wage SAFETY COMPLIANCE INTEGRITY American Integrated Services, Inc. (AIS), offers comprehensive environmental solutions through construction, remediation, industrial demolition, abatement, industrial services, emergency response and hazardous waste transportation. A licensed contractor and certified MBE, AIS operates from six strategically located offices throughout California, and one Gulf Coast location. With over 450 employees and a fleet of heavy equipment and specialized vehicles valued at over $40 million, AIS has the in-house resources to deliver complete, cost-effective and seamless results. Safety is No Accident AIS is committed to an incident- and injury-free workplace. Safety training begins upon hire and continues daily at every jobsite. Each crew member is educated, empowered and motivated to ensure his own safety and the safety of his team. Safety is, and always will be, the top priority at AIS. EXHIBIT C Item Description Straight Time Overtime Premium Time PM Project Manager $125.00 $187.50 $231.25 HS Health and Safety Manager $125.00 $187.50 $231.25 SP Superintendent $160.00 $240.00 $296.00 SF Supervisor or Foreman $135.00 $202.50 $249.75 PP Project Professional (Project Engineer, Safety Officer)$135.00 $202.50 $249.75 GC Grade Checker $125.00 $187.50 $231.25 PF Pipe Fitter $125.00 $187.50 $231.25 EO Equipment Operator $148.97 $223.46 $275.59 TD Driver $120.00 $180.00 $222.00 AT Abatement Technician $117.01 $175.52 $216.47 ET Environmental Technician $117.01 $175.52 $216.47 LB Laborer $117.01 $175.52 $216.47 SA Senior Office Admin $70.00 $105.00 $129.50 OA Office Admin $60.00 $90.00 $111.00 PERSONNEL RATES - PREVAILING WAGE *Prevailing Wage Rates provided for estimating purposes only. Actual rates to be provided by American Integrated Services based on specific contract and wage determinations as provided by the client. Effective January 1, 2024 Personnel Page 2 of 11 OPERATED EQUIPMENT - PREVAILING WAGE Description ITEM UOM Straight Time Overtime Premium Time Jetter (Combo Unit)1500 Per Hour $360.00 $420.00 $440.00 Guzzler (Air Mover)1505 Per Hour $360.00 $420.00 $440.00 Flatbed/Stakebed 1510 Per Hour $200.00 $260.00 $280.00 Dump Truck 1515 Per Hour $190.00 $250.00 $270.00 Roll Off Truck 1520 Per Hour $195.00 $255.00 $275.00 Rocket Launcher 1525 Per Hour $200.00 $260.00 $280.00 End Dump 1530 Per Hour $195.00 $255.00 $275.00 Box Truck 1535 Per Hour $185.00 $245.00 $265.00 70BBL Vacuum Truck 1540 Per Hour $200.00 $260.00 $280.00 120BBL Vacuum Truck 1545 Per Hour $200.00 $260.00 $280.00 UNOPERATED & SUPPORT EQUIPMENT DESCRIPTION ITEM UOM Rate Labor Support Pick Up Truck 2000 Per Day $135.00 Crew Cab 4x4 2005 Per Day $150.00 Gear Truck 2010 Per Day $240.00 Backhoes Backhoe - 15,000 Lbs 2020 Per Day $500.00 Backhoe - 18,000 Lbs 2025 Per Day $550.00 Backhoe - 20,000 Lbs 2030 Per Day $600.00 Excavators Excavator - 180,000 Lbs 2040 Per Day $3,000.00 Excavator - 110,000 Lbs 2045 Per Day $1,800.00 Excavator - 85,000 Lbs 2050 Per Day $1,600.00 Excavator - 75,000 Lbs 2055 Per Day $1,400.00 Excavator - 55,000 Lbs 2060 Per Day $1,200.00 Excavator - 45,000 Lbs 2065 Per Day $1,200.00 Excavator - 20,000 Lbs 2070 Per Day $600.00 Excavator - 10,000 Lbs 2075 Per Day $400.00 Heavy Equipment Attachments Breaker 750 lbs 2080 Per Day $400.00 Breaker 2,000 lbs 2085 Per Day $600.00 Breaker 4,500 lbs 2090 Per Day $800.00 Breaker 10,000 lbs 2095 Per Day $1,200.00 Concrete Pulverizer 2100 Per Day $600.00 Ripper/Shear (Plus $500 plumbing set-up)2105 Per Day $1,250.00 Compaction Wheels 18” or 24”2110 Per Day $600.00 Loaders Wheel Loader - 30,000 Lbs / 3 CY 2120 Per Day $900.00 Wheel Loader - 40,000 Lbs / 4 CY 2125 Per Day $1,000.00 EQUIPMENT RATES EQUIPMENT RATES *Operated Equipment Rates provided do not apply to Prevailing Wage Agreements. Contract specific rates will be provided upon specific contract and wage determinations Effective January 1, 2024 Equipment Page 3 of 11 UNOPERATED & SUPPORT EQUIPMENT DESCRIPTION ITEM UOM Rate EQUIPMENT RATES Wheel Loader - 50,000 Lbs / 5.5 CY 2130 Per Day $1,100.00 Wheel Loader - 60,000 Lbs / 6.35 CY 2135 Per Day $1,300.00 Skip Loader 4x4 2140 Per Day $600.00 Skid Steer Loader 2145 Per Day $500.00 Track Loader - 15,000 Lbs 2150 Per Day $500.00 Track Loader - 40,000 Lbs 2155 Per Day $600.00 Track Loader - 50,000 Lbs 2160 Per Day $700.00 Dozers Cat D-6 Dozer 2170 Per Day $1,500.00 Cat D-6 Dozer W/Slope Board 2175 Per Day $1,700.00 Lifts Forklift 8,000 Lbs 2180 Per Day $600.00 Extreme Forklift 12,000 Lbs 2185 Per Day $900.00 80’ Boom Lift 2190 Per Day $1,000.00 40’ Boom Lift 2195 Per Day $500.00 20’ Boom Lift 2200 Per Day $400.00 15’ Mini Scissor Lift 2205 Per Day $200.00 Misc Water Truck 2000 Gallon 2210 Per Day $600.00 Water Truck 4000 Gallon 2215 Per Day $800.00 Air Compressor 2220 Per Day $250.00 Auxiliary Lighting (Light Tower)2225 Per Day $200.00 Ducted Fan 2230 Per Day $100.00 Dump Trailer (5 Yard)2235 Per Day $150.00 Emergency Response Trailer 2240 Per Day $375.00 Mini Guzzler, Trailer Mounted Unit 2245 Per Hour $85.00 Hydroblaster, 10K 2250 Per Hour $125.00 Hydroblaster Attachments 2255 Per Day $175.00 Steam Pressure Washer 2,000 - 4,500 PSI 2260 Per Hour $50.00 Cold Water Pressure Washer 2,000 - 3,000 PSI 2265 Per Hour $40.00 Towable Generator - 20,000 Watts 2270 Per Day $200.00 Water Trailer - Water Buffalo 2275 Per Day $250.00 Vibratory Compactor 2280 Per Day $150.00 Vibratory Plate 2285 Per Day $100.00 Roller 2.5 Ton 2290 Per Day $500.00 Bin Rentals 18 Cubic Yard Bin 2300 Per Day $20.00 40 Cubic Yard Bin 2305 Per Day $25.00 Dewatering Bin, 25 Cubic Yards 2310 Per Day $50.00 10 Yard Mud Bin (Low Sides)2315 Per Day $45.00 Vacuum Bin 25 Yard 2320 Per Day $85.00 Ramps for Guzzler 2325 Per Day $325.00 Portable Storage Tanks 4,000 Gallon Corrosive Resistant 2330 Per Day $40.00 4,000 Gallon Total Drain Easy Clean 2335 Per Day $45.00 6,500 Gallon Corrosive Resistant 2340 Per Day $45.00 6,500 Gallon Total Drain Easy Clean 2345 Per Day $45.00 20,000 Gallon T-Tank 2350 Per Day $70.00 Tank Delivery 2355 Per Hour $150.00 Berm Set-up and Removal 2360 Per Occurrence $450.00 Berm 2365 Per Day $50.00 Effective January 1, 2024 Equipment Page 4 of 11 UNOPERATED & SUPPORT EQUIPMENT DESCRIPTION ITEM UOM Rate EQUIPMENT RATES Pumps 2” Double Diaphragm (M-8) Pump 2370 Per Shift $80.00 2” Acid, Double Diaphragm Pump 2375 Per Shift $185.00 3” Double Diaphragm (M-15) Pump 2380 Per Shift $85.00 Electric Drum Pump 2385 Per Shift $60.00 2” Submersible Pump 2390 Per Shift $205.00 3” Trash Pump 2395 Per Shift $195.00 Pogo (Hand) Pump 2400 Each $25.00 Miscellaneous Equipment  Band Saw (Portable)2500 Per Shift $75.00 Chain Saw 2505 Per Shift $50.00 Circular Saw 2510 Per Shift $30.00 Cordless Drill 18 Volt 2515 Per Shift $25.00 Cutting Torch 2520 Per Shift $100.00 Drill, Hammer Driver 2525 Per Shift $30.00 Drum Deheader 2530 Per Shift $30.00 Drum Dolly 2535 Per Shift $20.00 Electric Circular Saw 2540 Per Shift $30.00 Generators (1000- 5000 Watts)2545 Per Shift $160.00 Generators (Auxiliary)2550 Per Shift $95.00 Grinders, Pneumatic/ Electric 2555 Per Shift $40.00 Grounding/ Bounding Cables 2560 Per Shift $30.00 Impact Wrench (1/2 Inch Drive)2565 Per Shift $30.00 Impact Wrench (3/4 Inch Drive)2570 Per Shift $40.00 Jack Hammer (Electric)2575 Per Shift $85.00 Jack Hammer (Pneumatic)2580 Per Shift $50.00 Lawn Mower 2585 Per Shift $45.00 Pallet Jack 2590 Per Shift $55.00 Rivet Buster 2595 Per Shift $50.00 Sawzall, Reciprocating Saw 2600 Per Shift $50.00 Soil Compactor (Manual)2605 Per Shift $65.00 Weed Eater 2610 Per Shift $55.00 Wheel Barrow 2615 Per Shift $25.00 Traffic Control Equipment Arrow Board (Trailer Mounted)2620 Per Shift $165.00 Cones (24” Reflective)2625 Each Per Shift $5.00 Delineators 2630 Each Per Shift $5.00 Lane Closure Signals 2635 Per Shift $40.00 Road Barricades 2640 Per Shift $75.00 Hoses and Pipes ½” x 50’ Steam 2650 Per Shift $15.00 ¾” x 50’ Air Line 2655 Per Shift $15.00 1” x 50’ Steam Hose 2660 Per Shift $15.00 1” x 50’ Water Line 2665 Per Shift $15.00 2” x 25’ Chemical/ Acid 2670 Per Shift $35.00 2” x 25’ Suction/ Discharge 2675 Per Shift $20.00 3/8” x 50’ Fresh Air Line 2680 Per Shift $15.00 3” x 25’ Suction/ Discharge 2685 Per Shift $20.00 Couplers and Fitting 2690 Per Shift $3.00 Vacuum Hose 2’ ½” x 50’ Fire Hose 2695 Per Shift $15.00 Vacuum Hose 4” x 25’ Suction/ Discharge 2700 Per Shift $25.00 Vacuum Hose 4”/ 6”/ 8” Flex Hose 2705 Per Pipe/Day $5.00 Vacuum Hose 6”/ 8” x10’ Hard Pipe 2710 Per Pipe/Day $20.00 Effective January 1, 2024 Equipment Page 5 of 11 UNOPERATED & SUPPORT EQUIPMENT DESCRIPTION ITEM UOM Rate EQUIPMENT RATES Monitoring Equipment Air Montiroring / Meter CN, NH3, HF etc 2800 Per Shift $180.00 4-Gas Meter 2805 Per Shift $195.00 Drager Test Kit 2810 Per Shift $75.00 Drager Test Tubes 2815 Each $20.00 Mercury Vacuum 2820 Per Shift $600.00 Mercury Vapor Analyzer 2825 Per Shift $475.00 Ph Meter 2830 Per Shift $50.00 PID Meter 2835 Per Shift $475.00 Emergency Response (Reusables) 5 Minute Escape Bottle w/mask & 300' Air Hose 2850 Per Shift $250.00 Air Blower, Electric 2855 Per Shift $125.00 Body Harness Front/Back “D” Ring 2860 Per Shift $40.00 Boots, HAZMAT 2865 Per Pair $90.00 Boots, PVC 2870 Per Pair $40.00 Brush, Scrub (Decon)2875 Each $10.00 Explosion Proof Flashlight 2880 Per Shift $20.00 Explosion Proof Lighting (Confined Space)2885 Per Shift $60.00 Extraction Device (Tri-Pod)2890 Per Shift $200.00 Flashlight (2 cell)2895 Each $15.00 Flashlight (Lantern)2900 Each $25.00 Full Face Respirator Without Cartridges 2905 Per Shift $50.00 Goggles 2910 Each $10.00 Hand Auger, Soil Sampling 2915 Per Shift $50.00 HAZCAT Kit 2920 Per Shift $200.00 HAZCAT Test 2925 Per Test $40.00 Hepa Vacuum 2930 Per Shift $300.00 Hudson Sprayer 2935 Each $30.00 Infrared Laser Thermometer 2940 Per Shift $50.00 Ladders, Extension 16’-24’2945 Per Shift $50.00 Oxygen Cylinder (90 min.)2950 Each $100.00 Positive Pressure Mask 2955 Per Shift $50.00 Satellite Phone 2960 Per Day $125.00 Supplied Air System 2965 Per Day $375.00 SCBA 30 Minute 2970 Each $100.00 SCBA Replacement Bottle 2975 Each $50.00 Effective January 1, 2024 Equipment Page 6 of 11 DESCRIPTION ITEM UOM Rate Drums/Containers 275 Gallon Tote (New)3000 Each $425.00 275 Gallon Tote (Used)3005 Each $300.00 Tri-Wall Box 3010 Each $200.00 85 Gallon Over-Pack Drum, Steal 3015 Each $300.00 95 Gallon Over-Pack Drum, Poly 3020 Each $300.00 5 Gallon DOT Approved Buckets 3025 Each $35.00 Drum 15 Gal Poly Drum 3030 Each $60.00 Drum, 15 Gal DOT 17-E 3035 Each $55.00 Drum, 30 Gal, DOT Closed Top, Steel 3040 Each $100.00 Drum, 30 Gal, DOT Open Top, Steel 3045 Each $125.00 Drum, 30 Gal, DOT Poly 3050 Each $100.00 Drum, 5 Gal Pail (Non DOT)3055 Each $20.00 Drum, 55 Gal, DOT 17h, Open Top, New Steel 3060 Each $98.00 Drum, 55 Gal Poly 3065 Each $115.00 Disposable Plastic 55 Gallon Drum Liner 3100 Each $3.00 Bin Liner 3105 Each $50.00 End Dump Liners 3110 Each $50.00 Plastic Sheeting 4-Mil 3115 Per Roll $85.00 Plastic Sheeting 6-Mil 3120 Per Roll $95.00 Plastic Sheeting 8-Mil 3125 Per Roll $115.00 Plastic Sheeting 10-Mil 3130 Per Roll $160.00 Emergency Response (Consumables) 55-Gallon Drum Back Fill Sand 3140 Each $100.00 55-Gallon Drum Back Fill Gravel 3145 Each $100.00 Acid Suits 3150 Each $90.00 Bleach 3155 Gallon $15.00 Bio Drum 3160 Each $55.00 Bio Bag (100)3165 Box $95.00 Bio Bag 3170 Each $3.00 Boot Covers, PVC Yellow 3175 Each $20.00 Chemical Nuetrilzers 3180 Gallon $30.00 Disinfectants 3185 Gallon $15.00 Dual Respirator Cartridges 3190 Each $40.00 Dust Masks 3195 Per Box $40.00 Dust Mask 3200 Each $3.00 Gloves, Cotton 3205 Each $5.00 Gloves, Latex 3210 Each $3.00 Gloves, Latex - box 3215 Per Box $40.00 Gloves, Leather 3220 Each $10.00 Gloves, Neoprene 3225 Each $5.00 Gloves, Nitrile 3230 Each $5.00 Gloves, PVC 3235 Each $5.00 Gloves, Viton 3240 Each $20.00 Half Face Respirator Without Cartridges 3245 Per Shift $35.00 Level A Suit 3250 Each $1,000.00 MATERIALS & CONSUMABLES Effective January 1, 2024 Materials & Consumables Page 7 of 11 DESCRIPTION ITEM UOM Rate MATERIALS & CONSUMABLES Level B Suit 3255 Each $350.00 Patch Kit 3260 Each $30.00 PCB Test Wipes 3265 Each $30.00 Ph Test Strips 3270 Per Box $40.00 Petroflag Test 3275 Each $30.00 Petroflag TPH Test Kit 3280 Per Shift $90.00 Plug-N-Dike (8 oz)3285 Each $20.00 Power Clean 155 3290 Gallon $15.00 Rain Gear, PVC 3295 Set $25.00 Respirator Cartridge 3300 Each $35.00 Safety Air Horn 3305 Each $40.00 Saranex Suits 3310 Each $50.00 Sharps Container (1 gallon)3315 Each $25.00 Sharps Container (1 quart)3320 Each $15.00 Simple Green 3325 Per Gallon $20.00 Soda Ash (50lbs.)3330 Per Bag $70.00 Sodium Bicarbonate (50lbs.)3335 Per Bag $65.00 Super Sak 3340 Each $85.00 Trash Bags (heavy duty)3345 Box (100)$145.00 Trash Bags (heavy duty 3350 Each $3.00 Tyvek (25 Per Case)3355 Per Case $400.00 Tyvek Suits 3360 Each $20.00 Tyvek, Poly Coated 3365 Each $25.00 Tyvek, Poly Coated (25 Per Case)3370 Per Case $500.00 Vermiculite (19 LBS.)3375 Per Bag $30.00 General Jobsite Safety Absorbent (Super Fine)3400 Per Bag $25.00 Absorbent Pads 3405 Per Bundle $125.00 Asbestos Bags 3410 Per Roll $100.00 Asbestos Bag 3415 Each $5.00 Bag, Burlap 3420 Each $5.00 Bag, Sand (Filled)3425 Each $5.00 Barricade Tape (Assorted)3430 Per Roll $10.00 Batteries (flashlight)3435 Each $5.00 Batteries (Lantern)3440 Each $5.00 Bio-Solve Cleaner 3445 Per Gallon $60.00 Camera, Digital 3450 Per Day $35.00 Cellular Phone 3455 Per Day $45.00 Citric Acid 3460 Per Lb $5.00 Citric Acid, (50 lbs.)3465 Per Bag $100.00 Cleaner, Hand 3470 Each $15.00 Drinking Water 3475 Per Case $25.00 Duct Tape 3480 Per Roll $10.00 Kalawaso Tubes/Drum Thieves 3485 Per Dozen $375.00 Kalawaso Tube/Drum Thieves 3490 Each $40.00 Rags 3495 Per Box $60.00 Rope, Nylon ½” DOT 3500 Per Foot $3.00 Rope, Nylon ¾”3505 Per Foot $3.00 Effective January 1, 2024 Materials & Consumables Page 8 of 11 DESCRIPTION ITEM UOM Rate MATERIALS & CONSUMABLES Covid Specific Items Steramist Unit Single Spray 4000 Per Day $575.00 Steramist Unit (3) Head 4005 Per Day $985.00 BIT Solution 4010 Per Gallon $235.00 ATP Snap Tests with Meter 4015 Each $275.00 Pre & Post Sampling Reports 4020 Each $250.00 Atomizing Foggers 4025 Per Day $150.00 Quantitative Ammonia Disinfectant Solution 4030 Per Gallon $75.00 Microfiber towels per pack 4035 Each $27.50 Decontamination Pool 4040 Each $25.00 Effective January 1, 2024 Materials & Consumables Page 9 of 11 Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form 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 CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits 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 occurrence for bodily injury or disease.  Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE Lockton Insurance Brokers, LLC 777 S. Figueroa Street, 52nd Fl. CA License #0B99399 Los Angeles CA 90017 (213) 689-0065 American Integrated Services, Inc. 1502 E. Opp Street Wilmington CA 90744-3927 Great Divide Insurance Company 25224 Key Risk Insurance Company 10885 Nautilus Insurance Company 17370 X X X Poll./Prof. Liab. X Deductible: $10K 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 X X X 1,000,000 XXXXXXX XXXXXXX XXXXXXX XXXXXXX X X 15,000,000 15,000,000 Deductible 0 Y X 1,000,000 1,000,000 1,000,000 B BAP2041402-10 8/31/2023 8/31/2024 A ECP2041242-10 8/31/2023 8/31/2024 A FFX2041243-10 8/31/2023 8/31/2024 C WCA2041241-10 9/1/2023 9/1/2024 8/31/2024 1319084 Y Y Y Y N N Y 6/25/2024 20698124 20698124 XXXXXXX City of Cupertino 10555 Mary Ave Cupertino, CA 95014 Contractor's Pollution and Professional Liability are included in the GL policy: Pollution Liability Limit: $1,000,000 Each Occ. $1,000,000 Agg. with $25,000 Ded. and Professional Liability Limit: $1,000,000 Each Occ. $1,000,000 Agg. with $25,000 Ded. RE: Project in Northern California. The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are Additional Insured(s) as per the attached endorsement or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language. Waiver of subrogation applies as per the attached endorsements or policy language, where allowed by law. Notice of Cancellation applies as per attached endorsement or policy language. Excess liability follows form over general liability, auto liability, employers liability, pollution liability, and professional liability as per the policy language. X See Attachments Named Insured:American Integrated Services, Inc. City of Cupertino 10555 Mary Ave Cupertino,, CA 95014 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance, thus this is your final hard-copy delivery. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 20698124 Email: LACertseDelivery@lockton.com Phone: (213) 334- 4669 If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox and phone number is for automating electronic delivery of certificates only. Please do NOT send future certificate requests to this inbox or contact the phone number below with email updates. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Companies Lockton Companies 777 South Figueroa Street Los Angeles, CA 90017 Attachment Code: D568466 Master ID: 1319084, Certificate ID: 20698124 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - ONGOING OPERATIONS - COVERAGE A, B, D.1 & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2041242-10 8/31/2023 8/31/2024 8/31/2023 ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page of 2 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I.SECTION III - WHO IS AN INSURED is amended to include as an additional insured: 1.Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2.Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by: a.Your acts or omissions; or b.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above. However, the insurance afforded to such additional insured described above: a.Only applies to the extent permitted by law; and b.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, and c.Will not extend beyond that which is provided to you in this policy. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a.Bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or Attachment Code: D486999 Certificate ID: 20698124 ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page of 2 (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V - LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement described in Paragraph 1.1.; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties -- Additional Insured An additional insured must see to it that: a.We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b.We receive written notice of a claim or suit as soon as practicable; and c.A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII - CONDITION 10. — Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1.The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project-specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Attachment Code: D486999 Certificate ID: 20698124 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - COMPLETED OPERATIONS - COVERAGE A, D.1 & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2041242-10 8/31/2023 8/31/2024 8/31/2023 ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page of 2 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I.SECTION III - WHO IS AN INSURED is amended to include as an additional insured: 1.Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2.Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products-completed operations hazard. However, the insurance afforded to such additional insured described above: a.Only applies to the extent permitted by law; and b.Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c.Will not extend beyond that which is provided to you in this policy. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2)Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V - LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement described in Paragraph 1.1.; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI - Attachment Code: D487000 Certificate ID: 20698124 ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page of 2 REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties -- Additional Insured An additional insured must see to it that: a.We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b.We receive written notice of a claim or suit as soon as practicable; and c.A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII - CONDITION 10. — Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1.The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project-specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Attachment Code: D487000 Certificate ID: 20698124 POLICY # ECP2041242-10 behalf of or for the benefit of you or others, to determine or warrant that such property or operations are safe or in compliance with environmental law, or any other law. b.We may be permitted, but not obligated, to interview persons employed by the insured; c.The insured agrees to provide appropriate personnel to assist our representatives during any inspection. 8. Legal Action Against Us No person or organization has the right under this policy: a.To join us as a party or otherwise bring us into a suit asking for damages from an insured; or b.To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. For purposes of this condition, a consent judgment, stipulated judgment, agreed judgment, consent decree or consent order reached without our written agreement is neither an agreed settlement nor a final judgment. 9. Limitation of Damages Our damages for extra-contractual liability, bad faith, or similar damages under this policy is limited to one (1) times the relevant policy limit applicable to the underlying matter. 10. Other Insurance With respect to COVERAGES A, B and C, if other valid and collectible insurance is available to the insured for a loss we cover under COVERAGES A, B or C of this policy, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph (2) below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph (3) below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (i)That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for your work; (ii)That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (iii)That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner; or (iv)If the loss arises out of the maintenance or use of aircraft, unmanned aircraft, autos or watercraft to the extent not subject to Exclusion a. of SECTION I - COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY. (b) Any other primary insurance available to you covering liability for damages arising out of the premises or operations, or the products and completed operations, for which you are an additional insured. (2) When this insurance is excess, we will have no duty under this policy 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. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b)The total of all deductibles and self-insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable Limits of Insurance of all insurers. With respect to COVERAGES D and E, if other valid and collectible insurance is available to any insured covering bodily injury, property damage, loss, cleanup costs, emergency remediation costs, claim(s), suit(s), damages and/or Supplementary Payments, including but not limited to defense costs, also covered by this policy, other than a policy that is specifically written to apply in excess of this policy, the insurance afforded by this policy shall apply in ECP 1200 03 22 Page 27 of 37 Attachment Code: D501438 Certificate ID: 20698124 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION (TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US) AUTOMATIC STATUS - COVERAGE A, B & D Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2041242-10 8/31/2023 8/31/2024 8/31/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I.The following is added to Paragraph 17. Subrogation of SECTION VII - CONDITIONS: We waive any right of recovery against any person(s) or organization(s) because of payments we make under COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY, and COVERAGE D — CONTRACTORS POLLUTION LIABILITY under this policy. Such waiver by us applies only if: 1.The insured has agreed in writing in a contract or agreement with such person(s) or organization(s) to waive its right of recovery; and 2.The insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This waiver does not apply in any jurisdiction where such waiver is held to be illegal or against public policy or in any situation where the person(s) or organization(s) against whom subrogation is to be waived is found to be solely negligent. This endorsement does not apply to any person(s) or organization(s) designated in a SCHEDULE of person(s) or organization(s) against whom rights of recovery have been waived. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1260 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 1 of 1 Attachment Code: D488998 Certificate ID: 20698124 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED PERSON OR ORGANIZATION Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2041242-10 8/31/2023 8/31/2024 8/31/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY The following is added to SECTION VII - CONDITIONS 2. Cancellation: SCHEDULE Number of Days Advance Notice Of Cancellation:thirty (30) Days Name and Address of Designated Person(s) or Organization(s): AS PER SCHEDULE ON FILE Additional Premium:$0 In consideration of the payment of an additional premium, and notwithstanding anything contained in the policy to the contrary, it is understood and agreed that if we cancel this policy on or before the expiration date set forth in the Declarations, we will mail or deliver to the first Named Insured at the last known address, and the person(s) or organization(s) at the address designated in the SCHEDULE above, written notice of cancellation not less than the number of days shown in the SCHEDULE before the effective date of cancellation. Proof of mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. This endorsement shall not apply if: 1.We cancel due to non-payment of premium, or 2.The policy is non-renewed for any reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1234 10 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.Page 1 of 1 Attachment Code: D564113 Certificate ID: 20698124 POLICY #BAP2041402-10 BENV CA 06 ENDORSEMENT This endorsement forms a part of the policy to which it is attached. Please read it carefully. Business Auto - Additional Insured When Required by Contract or Agreement This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section II — Liability Coverage A. — Coverage, 1. Who is an Insured, is amended to add: d.Any person or organization to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into, excluding contracts or agreements for professional services, which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of your operations or premises owned by or rented to you. However, the insurance provided will not exceed the lesser of: 1.The coverage and/or limits of this policy; or 2.The coverage and/or limits required by said contract or agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office, Inc., used by permission BENV CA 06 Page 1 of 1 Attachment Code: D472048 Certificate ID: 20698124 COMMERCIAL AUTO CA04491116 POLICY #BAP2041402-10 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 Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 Attachment Code: D507015 Certificate ID: 20698124 POLICY NUMBER: BAP2041382-10 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: American Integrated Services, Inc. Endorsement Effective Date: 08/31/2023 SCHEDULE Name(s) Of Person(s) Or Organization(s): PER SCHEDULE ON FILE 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 © Insurance Services Office, Inc.,2011 Page 1 of 1 Miscellaneous Attachment: M448211 Certificate ID: 20698124 ENDORSEMENT Policy #BAP2041402-10 This endorsement forms a part of the policy to which it is attached. Please read it carefully. NOTICE TO OTHERS OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE Business Auto Policy If we cancel, non-renew or make a material change to the policy, we will provide written notice of same to the person(s) or organization(s) listed in the SCHEDULE below. The Notice will provide the effective date/hour of the cancelation/non-renewal/material change, and will be sent by Certified Mail — Return Receipt Requested, in accordance with the SCHEDULE below. Proof of mailing will be sufficient proof of notice. For purposes of this endorsement only, "material change" means a change to: •Policy term; •Removal of a Coverage Section; •Reduction in any of the Limits of Insurance specified in ITEM 2. Schedule of Coverage and Covered Autos on the Declarations page, or a reduction in any of the Limits of Insurance as modified by endorsement, where said reduction is not the result of a reserve or payment of claim(s) or claim expenses; or •Removal of an insured specifically identified by name in the policy. SCHEDULE Name and Address of Other Person(s) or Organization(s):Number of Days' Prior Notice: 30 PER SCHEDULE ON FILE ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office, Inc., with its permission. BENV CA 13 (01 23)Page 1 of 1 Attachment Code: D576883 Certificate ID: 20698124 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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 as required in writing by contract or agreement prior to loss. Notes: 1. This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. 2. The sentence in ( ) is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, and only to the extent that the insured is required to obtain this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 9/1/2023 Policy No. WCA2041241-10 Endorsement No. Insured: American Integrated Services, Inc.Insurance Company: Great Divide Insurance Co. Countersigned By WC 04 03 86 (Ed.84) Miscellaneous Attachment: M71951 Certificate ID: 20698124 Name and Address of Other Person(s) or Organization(s): PER SCHEDULE ON FILE Number of Days prior Notice: All other terms and conditions of this policy remain unchanged. Endorsement Effective 9/1/2023 Insured American Integrated Services, Inc. Insurance Company: Great Divide Insurance C Policy No. WCA2041241-10 Endorsement No. Premium $ Countersigned by: _____________________________________________ WC 99 06 08 CA (01 23) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY ENDORSEMENT - NOTICE TO OTHERS OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS If we cancel, non-renew or make a material change to the policy, we will provide written notice of same to the person(s) or organization(s) listed in the SCHEDULE below. The Notice will provide the effective date/hour of the cancelation/non-renewal/material change, and will be sent by Certified Mail — Return Receipt Requested, in accordance with the SCHEDULE below. Proof of mailing will be sufficient proof of notice. For purposes of this endorsement only, "material change" means a change to: •Policy period; •Removal of a Coverage Section; •Reduction in the Limits of Insurance for Coverage B, Employer's Liability, specified in Coverage 3.B on the Worker's Compensation Information Page, where said reduction is not the result of a reserve or payment of claim(s); or •Removal of an insured specifically identified by name in the policy. SCHEDULE Attachment Code: D576966 Certificate ID: 20698124 Exhibit E Labor Code Requirements 1. The following prevailing wage provisions apply to this Agreement. 1.1 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 as applicable. 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 Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Public Contract Code, and shall not engage in the performance of any work under this Agreement, 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. 1.3 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. 1.4 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. 1.5 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. 1.6 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. 1.7 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. 1090602.1 American Integrated Services, Inc. for hazardous and non-hazardous waste clean ups Final Audit Report 2024-08-02 Created:2024-07-28 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA2gwjpzFb_SnpumLOLtrgqobfpsWCNnIS "American Integrated Services, Inc. for hazardous and non-haza rdous waste clean ups" History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-07-28 - 4:13:02 PM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2024-07-28 - 4:17:12 PM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2024-07-28 - 4:17:20 PM GMT- IP address: 52.202.236.132 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2024-07-28 - 4:18:00 PM GMT - Time Source: server- IP address: 174.85.102.16 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-07-28 - 4:18:01 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2024-07-28 - 4:18:08 PM GMT- IP address: 3.232.50.116 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-07-29 - 3:15:08 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to jgeorgagi@americanintegrated.com for signature 2024-07-29 - 3:15:11 PM GMT Email viewed by jgeorgagi@americanintegrated.com 2024-08-02 - 0:06:22 AM GMT- IP address: 207.242.220.222 Signer jgeorgagi@americanintegrated.com entered name at signing as John Georgagi 2024-08-02 - 0:09:14 AM GMT- IP address: 207.242.220.222 Document e-signed by John Georgagi (jgeorgagi@americanintegrated.com) Signature Date: 2024-08-02 - 0:09:16 AM GMT - Time Source: server- IP address: 207.242.220.222 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-08-02 - 0:09:18 AM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-08-02 - 0:09:23 AM GMT- IP address: 52.202.236.132 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-08-02 - 0:10:02 AM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-08-02 - 0:10:04 AM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2024-08-02 - 0:10:07 AM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2024-08-02 - 0:10:15 AM GMT- IP address: 3.232.50.116 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2024-08-02 - 5:06:19 PM GMT - Time Source: server- IP address: 174.195.86.131 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-08-02 - 5:06:22 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-08-02 - 5:06:29 PM GMT- IP address: 3.232.50.116 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-08-02 - 5:14:47 PM GMT - Time Source: server- IP address: 73.241.178.249 Agreement completed. 2024-08-02 - 5:14:47 PM GMT