The URL can be used to link to this page

24-090 Cascadia Consulting Group, Inc. for Waste Characterization StudyPage 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 Cascadia Consulting Group, Inc, (“Contractor”), a Corporation for Waste Characterization Study, 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 May 30, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective Date and shall be completed by May 30, 2026. 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. 4. COMPENSATION Page 2 of 9 Professional/Consulting Contracts /Version: April 2024 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will be based on actual costs but that will be capped so as not to exceed $ 223,466 (“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. City agrees to pay Contractor within 30 calendar days after receipt of an undisputed invoice from Contractor. 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 Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, Page 3 of 9 Professional/Consulting Contracts /Version: April 2024 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 r esponsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, the parties may have access to private or confidential information owned or controlled by the other party, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to the other party. Both parties shall hold in confidence all information provided by either party and use it only to perform this Agreement. Both parties shall exercise the same standard of care to protect the other party's information as a reasonably prudent contractor would use to protect its own proprietary data. The City is subject to the provisions of the California Public Records Act (Govt. Code § 6250 et seq.) (the “Act”), and certain information submitted to the City may be subject to disclosure as a public record. If Contractor believes that any portion of its information is exempt from disclosure under the Act and requests the City to withhold such information, Contractor, agrees to indemnify, defend, and hold harmless the City against any third party claim seeking disclosure of the information or any portions thereof.. 7. OWNERSHIP OF MATERIALS 7.1 Pre-existing Work. Subject to City's rights in the Work Product, any pre-existing trade secrets, know-how, methodologies, and processes related to Contractor's services shall remain the sole and exclusive property of Contractor, and Contractor shall own all proprietary and intellectual property rights inherent therein and appurtenant thereto (collectively “Contractor Materials”). If, in the course of Contractor’s engagement with City, Contractor uses, provides, or incorporates into any Work Product any Contractor Materials, Contractor will grant City a worldwide, non- exclusive, perpetual, irrevocable, royalty-free, fully-paid-up right: (a) to make, use, copy, modify, and create derivative works of such intellectual property, (b) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of such intellectual property (and derivative works thereof) and (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties. 7.2 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. 7.3 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. Page 4 of 9 Professional/Consulting Contracts /Version: April 2024 Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.4 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. 7.5 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. 7.6 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. 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 Page 5 of 9 Professional/Consulting Contracts /Version: April 2024 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; (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, 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. Page 6 of 9 Professional/Consulting Contracts /Version: April 2024 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. 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. Page 7 of 9 Professional/Consulting Contracts /Version: April 2024 14. PROJECT COORDINATION City Project Manager. The City assigns Ursula Syrova, Environmental Programs Manager 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 Brandy Do, Associate 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. If non- cancelable costs related to this Project are alleged to have been incurred by Contractor prior to abandonment, these will be presented to City for review and discussion regarding responsibility for payment. 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. If non-cancelable costs related to this Project are alleged to have been incurred by Contractor prior to abandonment, these will be presented to City for review and discussion regarding responsibility for payment. 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. Page 8 of 9 Professional/Consulting Contracts /Version: April 2024 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. 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. Page 9 of 9 Professional/Consulting Contracts /Version: April 2024 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 Attention: Ursula Syrova Email: ursulasyrova@cupertino.org To Contractor: Cascadia Consulting, Inc Attention: Brandy Do Email:Brandy@cascadiaconsulting.com Page 10 of 9 Professional/Consulting Contracts /Version: April 2024 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. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name: Amity Lumper Title Title: President Date Date APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk DATE: Jul 31, 2024 Christopher D. Jensen City Manager Pamela Wu Jul 31, 2024 Jul 31, 2024 PROPOSAL TO THE CITY OF CUPERTINO MARCH 28, 2024 SUBMITTED BY CASCADIA CONSULTING GROUP & SKY VALLEY ASSOCIATES 2024 Waste Characterization Study Cascadia Consulting Group | www.cascadiaconsulting.com | (206) 343-9759 Amity Lumper, President 1109 1st Ave, Suite 400 Seattle, WA 98101; Email: amity@cascadiaconsulting.com; Phone: (206) 449-1111 City of Cupertino Evaluation Team, I am pleased to submit this proposal on behalf of Cascadia Consulting Group, Inc. (Cascadia) in response to the City of Cupertino’s RFP for its 2024 Waste Characterization Study (WCS). As a regional leader in sustainability and climate action, Cupertino has a strong track record of advancing conservation, renewable energy use, and waste reduction. In 2024, the City is planning to undertake a multi-stream WCS to measure and evaluate the current state of waste generation and diversion in Cupertino, and provide a benchmark for comparison against its 2018 and 2019 studies—setting the stage for further action to improve diversion and waste prevention and reduce emissions associated with material use and management. With the City’s Climate Action Plan 2.0 calling for aggressive action on waste reduction, regular waste characterization studies will be crucial for tracking trends and progress over time. Cascadia has extensive experience working with agencies at all levels of government to sample, characterize, analyze, and model waste streams. As one of the nation’s leading waste research and planning firms, we offer dozens of specialized staff—including seasoned full-time fieldworkers—and rigorous methodologies and databases built up and tested over hundreds of WCS projects. Specifically, we offer the following capabilities to ensure efficient and successful completion of this study: x Unparalleled knowledge of waste flows and sustainability efforts in Cupertino.Having led both the 2018 single-family and 2019 multifamily/commercial/municipal WCS efforts for Cupertino, Cascadia knows firsthand how to effectively collect samples, gather data, and produce accurate reporting. Our previous work brings existing relationships with City staff, connections with partners like waste haulers, and a thorough understanding of the previous methodologies used—allowing us to deliver a multi-stream WCS that is efficient, accurate, and directly comparable to previous studies. Furthermore, Cascadia’s participation on the team that created Cupertino’s CAP 2.0 will ensure that the WCS directly addresses and responds to CAP measures. x Decades of waste characterization, auditing, surveying, and data collection experience at solid waste facilities and for other environmental studies. Cascadia has led multiple large-scale waste characterization studies across the country—including for CalRecycle, San Francisco, San Jose, StopWaste, New York City, Seattle, and a national study for the Department of Energy—and will bring hard-earned best practices from those efforts to Cupertino, delivering results that the City can trust fully and use confidently when making waste management decisions. x Fierce commitment to quality, from planning and coordination to in-field data collection, data analysis, and reporting, our team is dedicated to producing reliable data that CalRecycle can feel confident in utilizing for planning, policymaking, programmatic design, and evaluation. Simply put, we believe we can offer Cupertino a unparalleled combination of technical WCS fieldwork and analytical skills, direct experience supporting prior studies for the City, and broad expertise drawn from conducting over 500 similar studies to deliver an efficient and accurate snapshot of Cupertino’s solid waste landscape. Please contact me with any questions or to discuss our proposal in more detail. We look forward to hearing from you. Sincerely Business type: C-Corporation DUNS: 949318786 Office locations: Seattle, WA and Oakland, CA (work to be performed from both offices and remotely) 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 1 Table of Contents Table of Contents..................................................................................................................................................1 Firm Qualifications and Experience......................................................................................................................2 Project Team Qualifications..................................................................................................................................3 Work Plan and Approach......................................................................................................................................6 Task 1. Kick-off, Study Design, and Coordination.............................................................................................7 Task 2. Field Work.............................................................................................................................................8 Task 3. Data Entry & Analysis..........................................................................................................................11 Task 4. Report and Presentation.....................................................................................................................13 Project management ......................................................................................................................................14 Key Project Risks.............................................................................................................................................15 Key Assumptions and Exclusions ........................................................................................................................15 Contract Acceptance...........................................................................................................................................15 Appendix A – Resumes .........................................................................................................................................0 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 2 Firm Qualifications and Experience Cascadia Consulting Group, Inc.is a small, 100% women-owned environmental management consulting firm based in Seattle, WA and Oakland, CA. Cascadia brings 30 years of experience designing and delivering investment-grade waste stream research. We have designed and managed over 500 characterization studies for 100+ clients—from comprehensive city, county, and state-wide municipal solid waste, recycling, and organics studies to industrial feedstock analyses, facility and generator audits, residuals research, pilot program evaluations, contamination studies, and take-back program review. We are experts at planning and executing rigorous in-field studies that collect accurate and representative data safely, cleanly, efficiently, and on schedule—without disrupting day-to-day operations. Cascadia is a national leader in designing and conducting waste characterization studies that involve collecting detailed field sorting data for all types of waste, offering an unmatched breadth of experience. We design each study according to a core set of guiding principles and adapt the scope, scale, and focus of data collection activity to align with each client’s unique information needs. We have conducted research on single-family, multi-family, self-hauled, commercial, institutional, industrial, parks, beaches, and storm drainage systems; performed sampling and sorting in landfills, transfer stations, MRFs, composting facilities, and at curbside and generator sites; and have collected and analyzed data on a multitude of material streams, including disposed MSW, recycling, organics/composting, C&D, residuals, HHW, marine debris, and litter. Cascadia is joined in this effort by Sky Valley Associates (SVA). SVA supports solid waste planning by providing clients with waste composition sampling data that exceeds their expectations in terms of quality, productivity, and professionalism. They have been at the forefront of the field for over 30 years, developing protocols for all manner of solid waste, organics, and recyclables sampling across generator groups. SVA has established sampling methodologies for a variety of large and complex waste characterization studies, tailoring their programs to the needs of the data. Since the firm’s inception in 1992, SVA crews have completed over 58,500 samples, totaling over 11.6 million pounds of hand-sorted material. Their current staff offers over 50,000 hours of combined sampling experience and adapt quickly to new component schemes and sampling protocols. Sky Valley teamed with Cascadia on previous WCS efforts in Cupertino. Our team’s extensive experience gives us a deep understanding of the waste streams as well as the statistical methods required to obtain representative samples and deliver statistically representative analyses and data. Our study designs, field protocols, QA/QC, analysis, and reporting are tailored to meet the specific logistical and research requirements involved in achieving project objectives. As requested in the RFP, we have included two public-sector projects for California clients below. Waste Characterization Studies | City of Cupertino, CA | 2018-2019 Project Manager:Dieter Eckels Budget:$125,000 (WCS), $45,000 (single-family pilot) / both projects completed on budget Location:Cupertino, CA Client Contact: Ursula Syrova | UrsulaS@cupertino.org | 408-777-7603 In 2018, Cascadia supported the City of Cupertino’s single-family residential waste characterization study as a pilot project in preparation for a potential future project focusing on the City’s entire waste stream. The goals of this pilot were to: identify materials with potential diversion opportunities, provide a baseline for evaluating the future success of diversion programs, and provide data useful in planning future programs to support the City’s Zero Waste goals. We collected garbage, recycling, and organics samples on select routes from 50 single-family residences over the course of one week in July 2018. Our team then transported the samples to the SMaRT station and hand-sorted the samples into 46 material types. In addition to collecting 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 3 samples from 10 houses on each selected route, the field team also counted the total number of houses on each selected route with garbage, recycling, and/or organics carts set out for collection and re-collected to ensure residents who don’t put carts out every week were included. Compared to the traditional method of sampling from collections trucks at the transfer station, this sampling method and the additional set-out data helped us conduct a more detailed investigation of behavioral patterns among single-family generators. The following year, Cupertino contracted with Cascadia and Sky Valley Associates to follow up on its 2018 single-family pilot and complete a composition study of garbage, recycling, and organics generated in Cupertino from three sectors: multifamily, commercial, and municipal (collectively called the MCM sector). This study built on existing data of waste generation in Cupertino collected during the 2018 Single-Family Residential Characterization Study and provided a more comprehensive picture of the materials being discarded in the MCM sector for the City. The study results included metrics around composition, generation, participation, organics and recycling capture rates, and contamination of the MCM sector, as well as identifying opportunities for waste reduction and diversion improvements. Material Characterization and Brand Study | Recology San Francisco | 2019-2021 Project Manager:Julie Bryant (no longer with Cascadia) Budget:$400,000 / completed on budget Location:San Francisco, CA Client Contact: Maurice Quillen | 415-740-6451 |MQuillen@recology.com Cascadia completed a complex waste characterization study to collect data on 23 unique material streams managed by Recology and generated in the City and County of San Francisco. For this study, Cascadia examined disposal, organics, and residue streams for commercial, industrial, government, single-family residential, and multifamily sectors across 91 material categories. In addition to collecting data on composition and providing annual tonnage estimates, the Cascadia team also conducted a brand study to gather data on disposed branded items found in a subset of samples. The study data was compiled into a comprehensive report and presentation delivered to City of San Francisco officials and Recology in early 2021. The information and recommendations found in the report will inform planning, policy, programs, infrastructure, and outreach to support the City and County of reaching its goal of reducing 2015 generation levels by 15% and 2015 disposal levels by 50% by 2030. Cascadia is currently engaged in Bay Area waste characterization studies with the City of San Jose, StopWaste, and CalRecycle. Project Team Qualifications We’ve pulled together a team that includes some of our most experienced researchers, analysts, and materials management planners. Our proposed Project Manager, Brandy Do, has led field crews across the country—from New York to California—to provide clients with high-quality, actionable data. Brandy is supported by our Director, Dieter Eckels, who brings more than 18 years of experience in solid waste research and analysis; Khori Bjork, our Deputy Project Manager and experienced field crew membe; and a deep bench of support staff with additional experience in waste sorting, data analysis, and quality control. We’ve introduced our core team members below, provided our organizational structure, and have provided resumes for each of them in Appendix A. Statement of availability: Cascadia is committed to fully staffing this project for it’s duration. All staff members listed below are full time staff of Cascadia or our subcontractors. 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 4 Dieter Eckels | Cascadia | Director-in-Charge Dieter Eckels, Director of Cascadia’s Research & Analysis line of business, brings more than 18 years of solid waste research, modeling, and analysis experience, and is skilled in data management, field research, and study design and coordination. Over the past decade, Dieter has been heavily involved in the planning, design, implementation, evaluation, and management of virtually all of Cascadia’s waste characterization studies, facility audits, recycling potential assessments, feedstock characterizations, and waste stream modeling efforts coast to coast, for both public and private sector clients. Dieter has led the statewide Washington waste characterization studies since 2009; the statewide California waste characterization 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 5 studies since 2004; and has overseen other large-scale studies for King County (WA), City of Seattle (WA), City of Los Angeles (CA), Los Angeles County (CA), and New York City, among others. Dieter specializes in reliable study designs, efficient sample collection, consistent sorting, error-free data analyses, and readable reports. He earned a B.S. in Sustainable Resources from the University of Washington. Brandy Do | Cascadia | Project Manager Brandy is an experienced field team member, leading waste characterization teams to perform audits across the country. She is well-versed in waste audit methodologies and her extensive coordination and planning experience helps her lead sort teams that furnish clients with accurate, actionable data for waste across a range of generators and streams. Brady is well-acquainted with Cascadia’s health and safety protocol that has been honed over three decades of waste characterization studies and ensures that she conducts safety trainings for field teams in advance of each study. She currently serves as a Project Manager for a City of Tacoma (WA) waste study and recently served as the sampling manager for a Residential Waste & Recycling Characterization project in New York City, where she coordinates a large, complex web of field teams to collect samples across the city. She recently served as Field Lead for a City of Santa Barbara (CA) Waste Characterization Study, where the sort teams sampled the city’s waste in four sectors: commercial, single-family residential, multi-family residential, and commercial. Brandy also is part of the field crew characterizing organics and commingled recycling streams for a Waste Composition Study on behalf of the Oregon Department of Environmental Quality. In these roles, Brandy coordinates with processing facilities to safely and efficiently coordinate the study. Prior to joining Cascadia, Brandy held positions with the Washington Conservation Corps and the Washington Department of Natural Resources & Parks. She earned a B.A. in Environmental Studies from the University of Washington. Khori Bjork | Cascadia | Deputy Project Manager Khori Bjork joined Cascadia in 2021 to provide waste characterization and engagement support to the Research & Analysis team. He is an experienced field team member who has supported waste characterization studies across the country. Khori recently conducted field work to collect and characterize materials as part of the Washington Statewide Litter Study. He has worked on field crews for waste characterization projects in New York City (NY), Santa Barbara (CA), Sacramento County (CA), and Seattle (WA), among others, and is adept at ensuring that study designs are carried out to ensure that data is accurate and representative. Before joining Cascadia, Khori worked with Hamer Environmental supporting Wetland Scientists in wetland delineation efforts in the Pacific Northwest. He earned a B.S. in Geography from Western Washington University. Nate Jensen | Cascadia | Field Crew Lead Nate joined Cascadia in late 2021 as a Research and Analysis intern, with prior experience in database and project management. Nate has progressed into a Project Coordinator II position and has completed over 2,000 hours of waste characterization study work across a variety of Cascadia’s portfolio of clients. Through his work at Cascadia, Nate has proven experience leading waste characterization studies across challenging landscapes with diverse stakeholders and project requirements. Recently, Nate has worked on characterization studies of varying sizes for clients throughout the west coast; he supported waste and recycling studies in the City of Santa Barbara; a statewide litter study for the WA Department of Ecology; and a garbage, recycling, and organics study for the OR Department of Environmental Quality. Prior to Cascadia, Nate completed a B.S. in Environmental Science and Resource Management from the University of Washington. 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 6 Amanda Savagian | Cascadia | Data Management & Reporting Lead Amanda provides in-depth research and comprehensive data analysis for projects across Cascadia’s portfolio. She has a background in ecology and evolutionary biology and previously worked as a research scientist studying cooperative behavior in wild animal populations. As an ecologist, she led three multi-year studies for which she built and managed Excel databases, collected data in the field, and performed all statistical tests. She is experienced in every aspect of data analysis, from designing studies to reporting and visualizing results. At Cascadia, Amanda primarily applies her analytical and critical thinking skills to waste characterization studies, contributing to project reports for King County, WA and the city of San Jose, CA, among others. She has also conducted data analysis for WA’s statewide litter study and contributed research and analysis for the city of Seattle’s recent climate vulnerability assessment. Prior to Cascadia, Amanda earned a Ph.D. in Ecology and Evolutionary Biology from Princeton University. Paul Winn | Sky Valley Associates | Field Crew Paul is responsible for the day-to-day management of SVA’s field sampling programs. With 21 years of experience at SVA, Paul offers more than 18,000 hours of waste composition field experience. He works directly with the clients, facility operators, and haulers to manage in-field sorting, serves as SVA’s designated Safety Officer, and is responsible for quality-control protocols, staffing, and crew training. Since 2018, Paul has managed the bulk of SVA’s fieldwork, including studies for city, county, and state-level agencies. This has involved coordinating all facets of the sampling programs with facilities, clients, and the consulting team. Marcos Gomez | Sky Valley Associates | Field Crew Marcos joined Sky Valley Associates in 2003 and has over 18,600 hours of fieldwork experience, including 3,100 hours capturing generator and remote samples. He has served as a supervisor for well over a decade and often independently leads a sampling crew. As second-in-command in the field, he works closely with our superintendent, foreman, and the site staff to keep the daily sampling activities moving safely, accurately, and efficiently. Marcos typically runs the scale, handling data entry while monitoring component accuracy. He prepares samples for processing by capturing, logging, and photographing the samples prior to sorting. He controls the order in which samples are sorted to maximize the team’s efficiency and create a smooth workflow. Work Plan and Approach The Cascadia team has been in the waste, recycling, and organics characterization business for 30 years, including past work with the City of Cupertino; we are well prepared to assist the City with all facets of waste characterization research from study design through implementation and analysis. We are pleased to share our work plan and approach to characterizing waste (garbage, recycling, and organics) generated from four sectors: 1.) single-family, 2.) multifamily, 3.) commercial, and 4.) municipal (collectively the SMCM sector). In shaping the methodology for this SMCM characterization study, we will rely on four key principles to ensure that data are statistically reliable, representative of Cupertino’s SMCM streams, and—most importantly—accurate. 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 7 1.Careful planning and coordination. We ensure that sampling operations are efficient, that the material definitions reflect the City’s goals for each study, and that the required data are collected with minimal disruption to normal operations at disposal and processing facilities. Our team will work closely with City, hauler, and facility staff to develop a thorough, efficient, and cost-effective data collection plan for each study we undertake. 2.Selection of waste for representative sampling.We achieve statistical representativeness by coordinating carefully with City, hauler, and facility staff to develop a sampling plan that ensures selected samples are statistically representative of the entire population or sub-population of materials being studied. 3.Consistent, accurate, and efficient sorting and characterization methods.The knowledge and experience of the data collection staff is essential for reliable results and overall efficiency. Our professional waste characterization personnel “hit the ground running” to obtain characterization data accurately, quickly, and cost-efficiently. 4.Statistically-appropriate analyses and error-free calculations.We will use standard statistical protocols to ensure that we continue our record of producing accurate and statistically reliable analyses. We collect and store data via OSCAR, Cascadia’s in-house, proprietary database that we customize for each characterization project. The Cascadia team will work closely with the City of Cupertino’s staff to refine our understanding of the City’s needs and project objectives, clarify all goals, and revise our proposed scope as necessary. Our experienced team has the flexibility and expertise to implement cost-effective approaches that deliver the specific types and levels of detail that the City requires as it works to develop targeted waste, recycling, and organics management strategies. TASK 1. KICK-OFF, STUDY DESIGN, AND COORDINATION At the start of this study, the Cascadia team will work with City staff and internal team members to solidify our methodology, protocols, and tools—including development of a detailed study design, sampling plan and schedule, and preparation of field forms and our analysis database. Task 1 provides a foundation for all fieldwork, data entry, and analysis that is conducted as part of the study. Conduct Project Kick-off Meeting We will begin the project with a kick-off meeting with City staff to clarify objectives, review the proposed methodology, and modify the approach to best meet the current needs of the City. The meeting can be completed virtually, however, in-person typically is more productive as it allows the team to also efficiently schedule site visits at proposed facilities on the same day to review site logistics. At the kickoff meeting we anticipate reviewing, at a minimum, the following key considerations in designing any material characterization study: x Material list.Cascadia will work collaboratively with City staff to develop an appropriate and relevant material list for the study. This list includes the names and definitions for the categories that field staff will use for sorting, classifying, weighing, and recording sampling results. We plan to use the material list from the 2018-2019 single-family characterization study that Cascadia designed for Cupertino as a foundation and will build as needed to accommodate additional reporting requirements. x Facility coordination.Cascadia will detail the support that we will likely need from Recology in San Jose (sample collection and the location for all waste sorting), and City staff to execute the study. We will make requests of support and changes to normal operations that are as unobtrusive as possible while still supporting ideal study outcomes. 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 8 Develop Detailed Study Design The study design will include protocols for a representative and unbiased approach to selecting single-family routes, multifamily properties, commercial routes, and municipal properties for sampling; the number, size, and allocation of samples; and sample selection and characterization processes. The design will also include field forms specific to the study that are designed to maximize data collection efficiency and minimize data collection errors. A typical outline for a sampling plan appears below. x Objective and Overview x Definition of Universe: x Material Streams (e.g. multifamily properties, etc.) x Numbers and Allocation of Samples x Sampling Calendar x Site Logistics and Hauler/Facility Coordination x Selecting, Capturing, and Sorting Samples: x Property and Route Selection x Sample Characterization and Data Recording x Method for Obtaining Tonnage Data x Material Definitions x Description of Calculations and Statistical Protocols Prepare Sampling Schedule & Coordinate with Facilities and Haulers Cascadia will design a sampling schedule for each of the waste sectors and streams that ensures representative samples and minimizes disruptions for the hauler and facilities. Single-family, multifamily, and commercial sector samples will be approximately evenly distributed across the days of the week. Municipal sector samples will be collected on a schedule that maximizes the amount of waste available to the sampling crew and is logistically feasible. Once the sampling schedule has been developed, Cascadia will coordinate with all involved parties, including the hauler, the site(s) selected for sorting, and City staff, to ensure smooth execution of the study. As part of the coordination, Cascadia will request a point of contact at the hauler who is available to review each day’s sampling requirements during the field portion of the study. Develop Data Collection Forms Following the completion of the sampling plan, Cascadia will develop data collection forms for field staff to use. Task 1 Deliverables: x Draft and final versions of the study design document TASK 2. FIELD WORK The proposed sampling methodology varies by sector and stream. The entity responsible for collecting materials is summarized in Table 1, the anticipated sampling location is summarized in Table 2, and the proposed sample counts by sector are summarized in Table 3. The sample allocations for the multifamily and municipal sectors are dependent on which streams each selected property/location uses AND set out for 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 9 collection. The field crew will visit 20 multifamily properties and 10 municipal locations and collect up to three samples at each, one from each stream set-out at each property/location. We anticipate that the field work will occure Monday through Friday for two weeks. Table 1. Proposed Material Collection Routes Sector Garbage Recycle Organics Single-family Recology Recology Recology Multifamily Cascadia Cascadia Cascadia Commercial Recology Recology Recology Municipal Cascadia Cascadia Cascadia Table 2. Proposed Sample Collection Locations Sector Garbage Recycle Organics Single-family Recology San Jose GreenWaste San Jose Recology San Jose Multifamily At Property At Property At Property Commercial Recology San Jose GreenWaste San Jose Recology San Jose Municipal At Property At Property At Property Table 3. Proposed Sample Allocations Sector Garbage Recycle Organics Total Single-family 20 20 20 60 Multifamily up to 20 up to 20 up to 20 up to 60 Commercial 30 20 20 70 Municipal up to 10 up to 10 up to 10 up to 30 Total up to 80 up to 70 up to 70 up to 2200 The methodology for each sector and stream is summarized in the following sections. Multifamily and Municipal Sample Collection The Cascadia team will collect samples directly from the waste containers at multifamily properties and municipal sites. The proposed approach is the same for all three streams. Cascadia will obtain a list of multifamily properties and municipal sites along with accompanying service-level information from the City. Cascadia will randomly select properties and sites to sample from the list. The Cascadia team will visit the selected properties and sites the day before or early the morning of their normal collection day to ensure bins are as full as possible. The Cascadia team will remove samples of material from the bins at the properties and transport them via box truck to the assigned sorting location (Recology in San Jose for garbage and organics and GreenWaste in San Jose in for recycling). This approach relies on the haulers (Recology) or the City providing Cascadia with access to containers that may be locked or in locked enclosures. Single-Family and Commercial Sample Collection In general, Recology will be collecting materials for all single-family and commercial samples and delivering that material to a transfer station where Sky Valley Associates (SVA) staff will sample and sort the material. The proposed approach for each stream is outlined below: x Garbage: Recology operates multiple packer truck routes each day. Each route typically requires the driver to make at least two trips to the transfer station (the entire route is too large to fit in a single truckload). Each day a route driver will finish the majority of their route as normal. After clearing their 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 10 truck, they will return to their route and collect the final stretch of their route (single-family) or the final 12 commercial (non-multifamily, non-municipal) accounts on their route. The route driver will tip this material at the Rogers Ave transfer station. This process is repeated for each of the routes. x Recycle: Recology operates multiple packer truck routes each day. Each route typically requires the driver to make at least two trips to the transfer station (the entire route is too large to fit in a single truckload). Each day the route driver will run their route and tip at the GreenWaste MRF as normal. No special operations are required because it is the team’s understanding that there is very little mixing of single- family, commercial, and multifamily recycling, and the municipal recycling is a de minimis portion of the daily recycling collection. x Organics: Recology operates multiple packer truck routes each day. Each route typically requires the driver to make at least two trips to the transfer station (the entire route is too large to fit in a single truckload). Each day a route driver will finish the majority of their route as normal. After clearing their truck they will return to their route and collect the final stretch of their route (single-family) or the final 12 commercial (non-multifamily, non-municipal) accounts on their route. The route driver will tip this material at the Rogers Ave transfer station. This process is repeated for each of the routes. Sorting Samples Cascadia’s professional field crews (either Cascadia staff or SVA staff) will hand sort all selected samples, and Cascadia staff will be on-site during all sorting activities to oversee that field crews follow approved protocols and maintain consistency across samples and sampling events. The Field Crew Lead will also brief personnel on any facility-specific health and safety requirements, personal protective equipment (PPE) requirements, and contingency protocols. Our standard process for hand-sorting garbage, recyclables, and organics includes the following steps: 1.A member of the field crew will take photographs of the sample using a digital camera. The Sample Placard identifying the sample will be positioned to be visible in each photo. 2.The field crew will sort the sample into the material categories and store separated materials in plastic laundry baskets. Individual members of the field crew typically specialize in groups of materials, such as papers or plastics. The Field Manager will monitor the homogeneity of material in the baskets as they accumulate, rejecting any materials that are improperly classified. 3.As a final step, the on-site manager verifies the purity of each material as it is weighed in its basket, using a pre-calibrated scale, and records each material weight in a custom cloud-based database on a rugged handheld tablet. The anticipated sort locations for samples from each sector and stream are summarized in Table 4 and the firm responsible for sorting each sample is shown in Table 5. 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 11 Table 4. Proposed Sorting Locations Sector Garbage Recycle Organics Single-family Recology San Jose GreenWaste San Jose Recology San Jose Multifamily Recology San Jose GreenWaste San Jose Recology San Jose Commercial Recology San Jose GreenWaste San Jose Recology San Jose Municipal Recology San Jose GreenWaste San Jose Recology San Jose Table 5. Proposed Sorting Teams Sector Garbage Recycle Organics Single-family SVA Cascadia SVA Multifamily SVA Cascadia SVA Commercial SVA Cascadia SVA Municipal SVA Cascadia SVA Task 2 Deliverables: x All completed fieldwork TASK 3. DATA ENTRY & ANALYSIS In Task 3, the Cascadia team will analyze the data collected and documented during Task 2, using rigorous QA/QC protocols and the industry-standard statistical procedures used for studies across the country and throughout the Bay Area. Conduct Data Quality Control and Assurance Cascadia understands the importance of accurate information and protects data integrity during each step— collection, review, entry, calculation, and analysis. Easy-to-use forms and rigorous data-entry protocols virtually eliminate errors. Cascadia’s quality assurance/quality control process includes: x Assigning a unique sample number to each sample, maintaining a chain of custody for sample data as it moves from vehicle selection through data entry. x Verifying that the Cascadia field crew completes data forms for each sample and reviewing them every evening during the study for accuracy. x Summing sample weights in real time so the Field Manager can confirm achievement of weight targets for every sample. x Automatically syncing data to a cloud storage, preventing data loss and reducing transcription errors. x Encoding the composition analysis formulae so that statistical protocols are consistently applied to different data sets. x Extensive data entry checks and random proofing to ensure error-free results. Cascadia will enter data into our customized characterization database and will provide the City with a final accounting of all samples sorted at the conclusion of each sampling event. A typical data entry screen for our hand-sort characterization data is shown below. 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 12 Figure 1. Data Entry Screen for Hand-Sort Characterization Determine Annual Quantities A complete analysis requires determining the amount of waste from each sector and stream. Cascadia will rely on the City to provide annual and/or monthly tonnage estimates for each sector and stream in the study. Cascadia will project the composition data calculated from the samples onto the tonnage data to estimate annual quantities for each material type in each sector and stream. Depending on the level of tonnage detail the City can provide, we may need to estimate multifamily and municipal tonnages using data collected during the sampling collection. This will require the City or Recology to estimate the service levels at each multifamily and municipal property. Conduct Composition Analysis Using the statistical methods that we helped to develop and have used in material characterization studies nationwide, Cascadia will calculate detailed estimates of composition and quantities. All estimates will be presented along with statistical error and confidence intervals at the industry standard 90% confidence level. The waste composition formulae that Cascadia will use appear below. These analysis protocols are consistent with the methods used in previous studies for Cupertino. 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 13 Task 3 Deliverables: x Raw data files and tables and figures summarizing study results. x Photographs of all samples TASK 4. REPORT AND PRESENTATION Produce Report Outline and First Draft In Task 5, Cascadia will assemble findings for each waste sector into four separate clear, concise, and highly visual report that the City of Cupertino can use with confidence for planning and design of future waste diversion policy, program, and outreach improvements. We will submit annotated outlines for review by City staff, including examples of all figures and tables to be included in the report. We expect the final reports will, at a minimum, include an executive summary providing key findings in a clear and quickly-digestible format; an introduction and background providing an overview of the study goals and objectives; a detailed description of the methodology and schedule, explaining the protocols, material categories, and definitions used as well as the dates and times of sampling; detailed waste composition and 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 14 quantity findings corresponding to each waste sector; and overall conclusions, and/or highlighting materials that present the greatest opportunity for the City to continue progressing towards its waste diversion goals. Upon approval of the outlines, Cascadia will develop a draft report for the City’s review. Finalize Report After we receive one round of draft comments and edits (as tracked changes in a single Word document) from the City, we will incorporate feedback, make necessary changes, and submit final reports. In addition to electronic copies of the report, we will provide the sample data presented in electronic formats and digital photos of all samples. Prepare Presentation Cascadia is prepared to develop a presentation for the City that presents the study findings in a clear, visually engaging, easy-to-understand way. Cascadia’s creative services team will support development of data visuals, process graphics, infographics, and other elements in alignment with the City’s desired content. The presentation will be developed in PowerPoint and branded in accordance with the City’s style guidelines. Cascadia team members will be available, when needed, to present the results to the City’s key stakeholders at a meeting of their choice. Task 5 Deliverables: x Report outlines x Draft and final reports x Presentation to City staff PROJECT MANAGEMENT Many of Cascadia’s very first projects were waste characterization studies; we literally wrote the book on completing waste characterization studies by assisting CalRecycle with drafting their guidelines for waste characterization studies in the late 1990’s. Our team is well versed in managing waste characterization studies on-time and on-budget, while ensuring that we deliver accurate and reliable data. Cascadia uses an integrated project management and accounting system, Deltek Vision. Vision incorporates labor planning, task dependencies, time and expense tracking, and invoicing functions into one platform. The platform ensure we have the right people doing the right work at the right time and provides regular updates to ensure that the project remains on budget. The software includes labor planning and task dependencies for tracking progress Internal staff time and expense recording as well as subrecipient invoice tracking to keep project financials on track Accounting functionality to ensure proper allocation of labor, expenses, cost share, and indirect costs Project Planning Time and Expenses Invoicing 2024 WASTE CHARACTERIZATION STUDY Proposal to the City of Cupertino | 15 KEY PROJECT RISKS After 30 years and hundreds of waste characterization studies, our professional staff have seen more or less everything. Some key project risks, with elements to address ecah of them, are shown in the following table: Risk Likelihood Mitigation Planning Risks Hauler is unable to collect pure loads Moderate Pivot sample collection methodology. Facilities are unable to host sorting Moderate Coordinate with other nearby facilities. Field Work Risks Inclement weather Low Moderate work to manage conditions (heat) Discontinue work until weather conditions improve (all conditions). Wildfire smoke Moderate Follow guidelines based on the AQI. Staff Illness/injury Moderate Use a Saturday as a contingency sorting day if the illness is short term. If the illness is long term, replace the ill/injured staff person within 24 hours . Facility is unprepared Low Communicate regularly with facilities in advance. Use a Saturday as a contingency sorting day if needed. Key Assumptions and Exclusions Our proposal includes the following key assumptions: x Recology will collect pure single-family and commercial samples for each stream. x All garbage and organics collected by Recology will be transported to a single location for sorting. x All recycling collected by Recology will be transported to a single location (separate from the garbage and organics) for sorting. x Recology and GreenWaste will make space and other support available for the collecting and sorting of samples. x Recology and the City will ensure the Cascadia team has access to any multifamily or municipal containers that are locked or in locked enclosures. x Recology or the City will provide Cascadia will the locations of all multifamily or municipal accounts. x Recology or the City will recruit multifamily properties to participate in the sampling. x All field work will occur over two consecutive weeks during the summer or fall of 2024. Contract Acceptance Please see the attached sample contract with requested exceptions and edits. Please do not hesitate to reach out if you have any questions. First Name Dieter Brandy Khori Kirstin Amanda Marie Keiko Nate Brady Field Last Name Eckels Do Bjork Hervin Savagian Horan Betcher Jensen Kerr Crew Title Director Project Mgr. Dep. Proj. Mgr. Sr. Analyst Lead Analyst Analyst Creative Field Lead Crew Lead Crew Rate 280$ 135$ 130$ 185$ 140$ 125$ 150$ 125$ 120$ 95$ Task 1 Kick-off, Study Design, and Coordination 5 55 45 5 0 0 0 30 0 0 140 19,350$ -$ -$ 19,350$ Task 2 Field Work 5 8 0 0 0 0 0 32 116 349 510 53,508$ 29,518$ 83,160$ 166,186$ Task 3 Data Entry and Analysis 5 8 0 5 30 60 0 0 0 0 108 15,105$ -$ -$ 15,105$ Task 4 Report and Presentation 5 75 0 0 70 0 10 0 0 0 160 22,825$ -$ -$ 22,825$ Totals Total Hours 20 146 45 10 100 60 10 62 116 349 918 Total Costs 5,600$ 19,710$ 5,850$ 1,850$ 14,000$ 7,500$ 1,500$ 7,750$ 13,920$ 33,108$ 110,788$ 29,518$ 83,160$ 223,466$ * Expenses planned at the federal GSA rate for zip code 94024 ** Subcontractor is slated to sample selected loads delivered to the Roger Ave transfer facility and sort all garbage and organics samples. Subcontractor includes a 5% markup Exhibit C- Compensation Totals Total Sub- contractor + Markup**Expenses* Labor Costs Labor Hours 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. DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE 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 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). CONTACTPRODUCERNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBRINSR POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITSPOLICY NUMBERLTR (MM/DD/YYYY) (MM/DD/YYYY)INSD WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-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 LIMITAUTOMOBILE LIABILITY $(Ea accident) BODILY INJURY (Per person) $ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $HIRED AUTOS (Per accident)AUTOS $ UMBRELLA LIAB EACH OCCURRENCE $OCCUR EXCESS LIAB CLAIMS-MADE AGGREGATE $ $DED RETENTION $ PER OTH-WORKERS COMPENSATION STATUTE ERAND EMPLOYERS' LIABILITY Y / NANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $N / AOFFICER/MEMBER EXCLUDED? (Mandatory in NH)E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2014/01) CASCA-1 OP ID: SR 05/06/2024 Robert KarlSprague Israel Giles 1501 Fourth Avenue, Suite 730 Seattle, WA 98101-3225 Robert Karl 206-623-7035 206-682-4993 Ohio Casualty Ins Company 24074 West American Insurance Co 44393Cascadia Consulting Group, Inc 1109 1st Ave., Ste. 400 Seattle, WA 98101 Travelers Property Casualty Co 25674 Allied World Suplus Lines 24319 AX 1,000,000 X XXBKO57696405 03/19/2024 03/19/2025 1,000,000 15,000 1,000,000 2,000,000 X 2,000,000 STOP GAP INCLUDED 1,000,000 BX XXBAW57696405 03/19/2024 03/19/2025 XX XX X $250 Comp X $500 Coll XX 2,000,000 A USO57696405 03/19/2024 03/19/2025 2,000,000 10,000X X CXUB-0S488183 03/19/2024 03/19/2025 1,000,000 1,000,000 1,000,000 D PROFESSIONAL 0304-2934 03/19/2024 03/19/2025 Ea Claim 2,000,000 $25,000 DEDUCTIBLE CLAIMS MADE Aggregate 2,000,000 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are additional insured if required by written contract or agreement. Insurance is Primary & Non Contributory. Waiver of Subrogation applies. 30 days notice of cancellation. PROJECT: Cupertino Waste Characterization Study 2024 CIT-014 City of Cupertino Environmental Programs Division 10300 Torre Avenue Cupertino, CA 95014-3255 19 1 41 6 of 57 6 9 6 4 0 5 00 2 3 5 0 23 5 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART 2013Liberty Mutual Insurance CG 88 10 04 13 Page 1 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY - ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Policy #57696405 19 2 4 1 6 of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 2 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1.It is not owned by any insured; 2.It is hired, chartered or loaned with a trained paid crew; 3.The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4.It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2)of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2)A watercraft you do not own that is: (a)Less than 52 feet long; and (b)Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1.Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity,Subparagraphs (3), (4)and (6)of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2.The following is added to Section IV - Commercial General Liability Conditions,Condition 4. Other Insurance,Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1.Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a.The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i)Premises rented to you for a period of 7 or fewer consecutive days; or (ii)Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 19 3 4 1 6 of 57 6 9 6 4 0 5 00 2 3 5 0 23 5 2013Liberty Mutual Insurance CG 88 10 04 13 Page 3 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n.do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2.Paragraph 6.under Section III - Limits Of Insurance is replaced by the following: 6.Subject to Paragraph 5.above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a.Any one premise: (1)While rented to you; or (2)While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b.Contents that you rent or lease as part of a premises rental or lease agreement. 3.As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) -Paragraph 9.a.of Definitions is replaced with the following: 9.a.A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments,Subparagraph (b)of Paragraph a.is replaced by the following: (b)The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1.Under Supplementary Payments - Coverages A and B, Paragraph 1.b.is replaced by the following: b.Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2.Paragraph 1.d.is replaced by the following: d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1.Paragraph 2.under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a.Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 19 4 4 1 6 of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 4 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.Premises or facilities rented by you or used by you; or c.The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d.Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1)This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2)This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3)Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a)The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b)The construction, erection, or removal of elevators; or (c)The ownership, maintenance, or use of any elevators covered by this insurance. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a.above, a person’s or organization’s status as an additional insured under this endorsement ends when: (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 (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. With respect to Paragraph 1.b.above, a person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b.of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. 19 5 4 1 6 of 57 6 9 6 4 0 5 00 2 3 5 0 23 5 2013Liberty Mutual Insurance CG 88 10 04 13 Page 5 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 2.With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a."Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b."Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c."Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing 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 "occur- rence" 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. d."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 (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. e.Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3.With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a.Required by the contract or agreement; or b.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a.The following is added to Paragraph a. Primary Insurance: If an additional insured’s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover. 19 6 4 1 6 of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 6 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. b.The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1.The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a.Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b.Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d.We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2.The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II - Who Is An Insured is replaced with the following: (1)"Bodily injury" or "personal and advertising injury": (a)To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b)To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a)above; (c)For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a)or (b)above; or (d)Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a)and (b)above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee’s" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 19 7 4 1 6 of 57 6 9 6 4 0 5 00 2 3 5 0 23 5 2013Liberty Mutual Insurance CG 88 10 04 13 Page 7 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II - Who Is An Insured is replaced by the following: 3.Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b.Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c.Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d.Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions,the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1.of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions,Definition 3.is replaced by the following: 3."Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 19 8 4 1 6 of 2013Liberty Mutual Insurance CG 88 10 04 13 Page 8 of 8Includes copyrighted material of Insurance Services Office, Inc.,with its permission. P. EXTENDED PROPERTY DAMAGE Exclusion a.of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions,the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1.You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2.The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. 46 10 8 of COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASEREAD IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT 2017Liberty Mutual Insurance AC 85 01 06 18 Page 1 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGEFORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto)3 EXTRA EXPENSE - BROADENED COVERAGE 11 GLASS REPAIR - WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto)7 LOAN / LEASE GAP (Coverage Not Available In New York)16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)18 PERSONAL EFFECTSCOVERAGE 12 PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY - WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 SECTION I - COVERED AUTOS is amended as follows: 1. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Policy #57696405 47 1 0 8 of 57 6 9 6 4 0 5 00 2 3 5 2 23 5 2017Liberty Mutual Insurance AC 85 01 06 18 Page 2 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. SECTION II - LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE,Paragraph A.1. - Who Is An Insured is amended to include the following as an "insured": d.Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1)Is a partnership or joint venture; or (2)Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3)Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d.does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE,Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e.Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f.Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee’s" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE,Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g.Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1)Only with respect to the operation, maintenance or use of a covered "auto"; (2)Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3)Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments,Paragraphs (2)and (4)are replaced by the following: (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. 48 1 0 8 of 2017Liberty Mutual Insurance AC 85 01 06 18 Page 3 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a.You hire, rent or borrow; or b.Your "employee" hires or rents under a written contract or agreement in that "employee’s" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a.The most we will pay for "loss" in any one "accident" or "loss" is the smallestof: (1)$50,000; or (2)The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b.The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c.Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d.Subject to a maximum of $1,000 per "accident", we will also cover the actual 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. e.This coverage extension does not apply to: (1)Any "auto" that is hired, rented or borrowed with a driver; or (2)Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee’s" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE,Paragraph A.2. Towing,is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a.For private passenger type vehicles, we will pay up to $75 per disablement. b.For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c.For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. 49 1 0 8 of 57 6 9 6 4 0 5 00 2 3 5 2 23 5 2017Liberty Mutual Insurance AC 85 01 06 18 Page 4 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. 9. PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage,is amended by adding the following: a.We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b.Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c.We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d.This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e.If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f.No deductible applies to this coverage. g.The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage,we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 12. PERSONAL EFFECTSCOVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage,is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer’s warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 50 1 0 8 of 2017Liberty Mutual Insurance AC 85 01 06 18 Page 5 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. 14. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible,is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions,Paragraph a.of the exception to exclu- sions 4.c.and 4.d.is deleted and replaced with the following: Exclusions 4.c.and 4.d.do not apply to: a.Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1)Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2)Designed to be solely operated by use from the power from the "auto’s" electrical system; and (3)Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 16. LOAN / LEASEGAP COVERAGE (Not Applicable In New York) A.Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1.Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a.Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b.Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c.Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d.Transfer or rollover balances from previous loans or leases; e.Final payment due under a "Balloon Loan"; f.The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g.Security deposits not refunded by a lessor; h.All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i.Any amount representing taxes; j.Loan or lease termination fees; or 2.The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". 51 1 0 8 of 57 6 9 6 4 0 5 00 2 3 5 2 23 5 2017Liberty Mutual Insurance AC 85 01 06 18 Page 6 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. C. SECTION V - DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17. GLASS REPAIR- WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18. PARKEDAUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry whileitis: a.In the charge of an "insured"; b.Legally parked; and c.Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE,if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a.If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b.If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c.If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS,Paragraph B.2.is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 52 1 0 8 of 2017Liberty Mutual Insurance AC 85 01 06 18 Page 7 of 7Includes copyrighted material of Insurance Services Office Inc.,with its Permission. 21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS,Paragraph A.2.a.is replaced in its entirety by the follow- ing: a.In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)Member, if you are a limited liability company; (4)An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a)How, when and where the "accident" or "loss" took place; (b)The "insureds" name and address; and (c)The names and addresses of any injured persons and witnesses. 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS,Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us,is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS,Paragraph B.7. Policy Period, Coverage Territory,is amended by the addition of the following: f.For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured’s" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance 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 a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V - DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS,Definition C.is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS EMPLOYERS LIABILITY POLICY ENDORSEMENT-CALIFORNIA WORKERS COMPENSATION ENDORSEMENT WC 04 03 06 (01) – POLICY NUMBER: AND UB-0S488183-24-42-G 066 ONE TOWER SQUAREHARTFORD CT 06183 JOB DESCRIPTION CUPERTINO WASTE CHARACTERIZATIO N STUDY 2024 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 5.00% OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. PERSON OR ORGANIZATION SCHEDULE CITY OF CUPERTINO ENVIRONMENTAL PROGRAMS DIVISION 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 PageDATE OF ISSUE:ST ASSIGN:of 105-08-24 1 Cascadia Consulting Group, Inc. for Waste Characterization Study Final Audit Report 2024-07-31 Created:2024-07-29 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAfScWOHIyuVGsHJZzf2Dofyb6toXVf8hv "Cascadia Consulting Group, Inc. for Waste Characterization Stu dy" History Document created by Webmaster Admin (webmaster@cupertino.org) 2024-07-29 - 9:09:23 PM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2024-07-29 - 9:11:47 PM GMT Email viewed by Jindy Gonzalez (jindyg@cupertino.org) 2024-07-29 - 9:12:02 PM GMT- IP address: 52.202.236.132 Document approved by Jindy Gonzalez (jindyg@cupertino.org) Approval Date: 2024-07-29 - 9:12:29 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2024-07-29 - 9:12:31 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2024-07-29 - 9:12:40 PM GMT- IP address: 3.232.50.116 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2024-07-29 - 9:21:27 PM GMT - Time Source: server- IP address: 71.204.144.228 Document emailed to Amity Lumper (amity@cascadiaconsulting.com) for signature 2024-07-29 - 9:21:30 PM GMT Email viewed by Amity Lumper (amity@cascadiaconsulting.com) 2024-07-31 - 3:20:45 PM GMT- IP address: 104.47.58.254 Document e-signed by Amity Lumper (amity@cascadiaconsulting.com) Signature Date: 2024-07-31 - 3:21:06 PM GMT - Time Source: server- IP address: 24.16.185.141 Document emailed to Christopher Jensen (christopherj@cupertino.org) for signature 2024-07-31 - 3:21:09 PM GMT Email viewed by Christopher Jensen (christopherj@cupertino.org) 2024-07-31 - 3:21:16 PM GMT- IP address: 3.232.50.116 Signer Christopher Jensen (christopherj@cupertino.org) entered name at signing as Christopher D. Jensen 2024-07-31 - 3:28:07 PM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2024-07-31 - 3:28:09 PM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature 2024-07-31 - 3:28:11 PM GMT Email viewed by Pamela Wu (pamelaw@cupertino.org) 2024-07-31 - 3:29:06 PM GMT- IP address: 52.202.236.132 Document e-signed by Pamela Wu (pamelaw@cupertino.org) Signature Date: 2024-07-31 - 3:43:56 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2024-07-31 - 3:43:59 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2024-07-31 - 3:44:28 PM GMT- IP address: 3.232.50.116 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2024-07-31 - 5:16:36 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2024-07-31 - 5:16:36 PM GMT