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19-171 Cascadia Consulting Group, Inc., Commercial, Multi-Family, and Municipal Waste Characterization Study CITY OF
0 PROFESSIONAL/CONSULTING SERVICES AGREEMENT
CUPERTINO
1. PARTIES
This Agreement is made and entered into as of October 3, 2019
("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and
Cascadia Consulting Group, Inc. ("Contractor"),
a Corporation
for Commercial,Multi-family, and Municipal Waste Characterization Stud
2. SERVICES
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.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on June 30,2020
("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin
on October 3, 2019 and shall be completed by June 30, 2020
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
1
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Services an amount that will based on actual costs but that will be capped so as not to exceed
$ 142,596,00 ("Contract Price"), based upon the scope of services in Exhibit A and
the budget and rates included in Exhibit C, Compensation attached and incorporated here. The
maximum compensation includes all expenses and reimbursements and will remain in place even
if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted
without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty(30) days of completion of j
Services,Contractor must submit a requisition for final and complete payment of costs and pending
claims for City approval. Failure to timely submit a complete and accurate payment requisition
relieves City of any further payment or other obligations under the Agreement.
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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.
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 Taxes. Contractor must pay income taxes on the money earned under this
Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify
City for violations pursuant to the indemnification provision of this Agreement.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential details the
disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence
all City information provided by City to Contractor and use it only to perform this Agreement.
Contractor shall exercise the same standard of care to protect City information as a reasonably
prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any
product, memoranda, study, report, map, plan, drawing, specification, data, record, document or
other information or work,in any medium(collectively,"Work Product"),prepared by Contractor
in connection with this Agreement will be the exclusive property of the City and shall not be shown
to any third-party without prior written approval of City.
7.2 Copyright. To the extent permitted by Title 17 of U.S. Code,all Work Product arising out
of this Agreement is considered"works for hire" and all copyrights to the Work Product will be
the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City's written approval.
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7.3 Patents and Licenses. Contractor must pay royalties or license fees required for
authorized use of any third party intellectual property, including but not limited to patented,
trademarked,or copyrighted intellectual property if incorporated into the Services or Work Product
of this Agreement.
7.4 Re-Use of Work Product.Unless prohibited by law and without waiving any rights, City
may use or modify the Work Product of Contractor or its sub-contractors prepared or created under
this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the
Work Product, on recycled paper and copied on both sides, except for one single-sided original.
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 years from the date of City's final payment.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest
therein, directly or indirectly, by operation of law or otherwise, without prior written consent of
City. Any attempt to do so will be null and void. Any changes related to the financial control or
business nature of Contractor as a legal entity is considered an assignment of the Agreement and
subject to City approval, which shall not be unreasonably withheld. Control means fifty percent
(50%) or more of the voting power of the business entity.
10. PUBLICITY/SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of
this Agreement and for one year thereafter, will reference the City's contributions in making the
project possible. The words "City of Cupertino" will be displayed in all pieces of publicity,
including flyers,press releases,posters,brochures,public service announcements, interviews and
newspaper articles. No signs may be posted, exhibited or displayed on or about City property,
except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole or active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold
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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, in accordance
with California Public Contract Code Section 9201. At City's request, Contractor will assist City
in the defense of a claim, dispute or lawsuit arising out of this 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.
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.
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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.
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 the California Code of Regulations.
Contractor agrees to abide by the City's rules governing gifts to public officials and employees.
13.5 Remedies.Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all
other rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager.The City assigns Alex Wykoff as
the City's representative for all purposes under this Agreement, with authority to oversee the
progress and performance of the Scope of Services. City reserves the right to substitute another
Project manager at any time, and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Julie Bryant
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
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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.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid
for satisfactory Services rendered through the date of termination, but final payment will not be
made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to
this Agreement must be filed with the Superior Court for the County of Santa Clara, State of
California. Contractor must comply with the claims filing requirements under the Government
Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide
the Services pending resolution of the dispute. If the Parties elect arbitration,the arbitrator's award
must be supported by law and substantial evidence and include detailed written findings of law
and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration,appeal,or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the
prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City's waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between
the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written,
between the Parties. Any modification of this Agreement will be effective only if in writing and
signed by each Party's authorized representative. No verbal agreement or implied covenant will
be valid to amend or abridge this Agreement. If there is any inconsistency between the main
Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail.
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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.
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 To Contractor: Cascadia Consulting Group,Inc.
10300 Torre Ave.,Cupertino CA 95014 1710 Franklin St.,Suite 300
Oakland,CA 94612
Attention:Alex Wykoff Attention: Julie Bryant
Email: AlexW@cupertino.org Email:JulieB@cascadiaconsulting.com
27. VALIDITY OF CONTRACT
This Agreement is valid and enforceable only if(a) it complies with the purchasing and contract
provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time,
(b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the
City Attorney's Office.
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28. 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.
CONTRACTOR CITY OF CUPERTINO
Cascadia Consulting Group,Inc. A Municipal Corporation
0'-J �--- yB By
Name Julie Bryant Name Roger Lee
Title Co-Director Title Public Works Director
Date
10/8/19 Date /�
Tax I.D.No.: 91-1589555
APPROVED AS TO FORM:
HEATHER M. MINNER
Cupertino City Attorney
ATTEST:&2Lt��
'
GRACE SCHMMiT
City Clerk
Project Commercial,Multi-family,and Municipal Waste Characterization Study
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City of Cupertino
Multifamily, Commercial, Municipal Waste
Characterization Study Scope
Prepared by Cascadia Consulting Group, Inc.
October 2, 2019
CASCADIA
CONSULTING GROUP
OVERVIEW OF OUR APPROACH
The City of Cupertino has asked Cascadia Consulting Group, Inc.to prepare a scope to characterize waste (garbage,
recycling,and organics)generated in Cupertino from three sectors: 1) multifamily, 2)commercial,and 3) municipal
(collectively the MCM sector).
The Cascadia team has been in the waste, recycling,and organics characterization business for more than 25 years;
we are well prepared to assist the City of Cupertino with all facets of waste characterization research from study
design through implementation and analysis.
In shaping the methodology for this MCM characterization study,we will rely on four key principles to ensure that
data are statistically reliable, representative of Cupertino's MCM streams, and—most importantly—accurate.
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 sampling that is representative.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 crucial 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.
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 single-family waste, recycling, 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. Step 1 provides a foundation for all fieldwork, data entry,
and analysis that is conducted as part of the study.
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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.At the kickoff meeting we
anticipate reviewing,at a minimum,the following key considerations in designing any material characterization study:
• Waste categories. Cascadia will work with collaboratively with City staff to develop an appropriate and
relevant list of waste categories 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.
• Facility coordination.Cascadia will detail the support that we will likely need from Recology,the site selected
for sample sorting(potentially Recology's Rogers Avenue transfer station and GreenWaste's Charles Street
MRF),and City staff to execute the study. We will consider requests of support and changes to normal
operations that are as unobtrusive as possible while still supporting ideal study outcomes.
DEVELOP DETAILED STUDY DESIGN
The study design will include protocols for a representative and unbiased approach to selecting 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.Atypical outline for a
sampling plan appears below.
Waste Characterization Protocol and Sampling Plan
• Objective and Overview
• Definition of Universe:
• Material Streams(e.g., multifamily properties,etc.)
• Numbers and Allocation of Samples
• Sampling Calendar
• Site Logistics and Hauler/Facility Coordination
• Selecting, Capturing, and Sorting Samples:
• Property and Route Selection
• Sample Characterization and Data Recording
• Method for Obtaining Tonnage Data
• Material Definitions
• Description of Calculations and Statistical Protocols
JJ'J Cascadia will provide the City of Cupertino with draft and final versions of this study design
document.
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PREPARE SAMPLING SCHEDULE AND 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. Commercial sector samples will be approximately
evenly distributed across the days of the week. Multifamily and 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.The
data collection forms are described in brief below.
• Multifamily and Municipal Sample Collection Forms include property specific service level and contact
information for each selected property to support efficient sample collection.
• Daily Commercial Sample Collection Forms include the daily quotas and instructions to Recology.The
number of accounts to visit for each route,the expected tip time,and the tip location will be noted for each
batch of samples collected by Recology.
• Sample Placards are brightly colored paper signs with a pre-printed, unique sample number on the front.The
field crews will place the placards in or on every sample selected for sampling so that the Cascadia Field
Manager can easily identify and maintain custody over individual samples.
TASK 2. SELECTING AND OBTAINING SAMPLES
The proposed sampling methodology varies by sector and stream.The entity responsible for collecting materials
summarized in Table 1 and the anticipated sampling location is summarized in Table 2.
Table 1.Proposed Material Collection Roles Table 2.Proposed Sample Collection Locations
Garbage Recycle Organics Garbage Recycle Organics
Multifamily Cascadia Cascadia Cascadia Multifamily At Property At Property At Property
Commercial Recology Recology Recology
Municipal Cascadia Cascadia Cascadia Commercial Recology GreenWaste Recology
Rogers Ave. Charles St. Rogers Ave.
Municipal At Property At Property At Property
I
The proposed sample counts by sector and stream are summarized in Table 3.
Table 3.Proposed Sample Allocations
Garbage Recycle Organics Total
Multifamily 20 20 20 60
Commercial 40 20 20 80
Municipal 15 15 15 45
Total 1 75 1 55 1 55 1 185
The methodology for each sector and stream is summarized in the following sections.
MULTIFAMILY
The Cascadia team will collect samples directly from the waste containers at multifamily properties.The proposed
approach is the same for all three streams.Cascadia will obtain a list of multifamily properties and their service level
information from the City.Cascadia will randomly select properties to sample from the list.The Cascadia team will
visit the selected properties the day before their normal collection day.The Cascadia team will remove samples of
material from the bins at the properties and either transport the materials to Rogers Ave.,GreenWaste Charles St., or
sort it on-site depending on the collection team's logistics that day.This approach relies on Recology or the City
providing means for Cascadia to access containers that may be locked or in locked enclosures.
COMMERCIAL
In general, Recology will be collecting materials for all commercial samples and delivering that material to a transfer
station where Cascadia staff will sample and sort the material.The proposed approach for each stream is outlined
below:
• Garbage: Recology operates three commercial front end loader(FEL) routes each day. Each FEL route
typically requires the driver to make at least two trips to transfer station (the entire route is too large to fit in
a single truckload). Each day a FEL 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 12 commercial (non-multifamily, non-municipal)
accounts on their route.The FEL driver will tip this material at the Rogers Ave transfer station.This process is
repeated for each of the three, daily FEL routes.
• Recycle: Recology operates two commercial front end loader(FEL) routes each day. Each FEL route typically
requires the driver to make at least two trips to transfer station (the entire route is too large to fit in a single
truckload). Each day a FEL 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
commercial and multifamily recycling and the municipal recycling is a de minimis portion of the daily
recycling collection.
• Organics: Recology operates one commercial front end loader(FEL)routes each day.The FEL route typically
requires the driver to make at least two trips to transfer station (the entire route is too large to fit in a single
truckload). Each day the FEL 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 12 commercial (non-multifamily, non-municipal)
accounts on their route.The FEL driver will tip this material at the Rogers Ave.transfer station.
MUNICIPAL
The Cascadia team will collect samples directly from the waste containers at municipal properties.The proposed
approach is the same for all three streams. Cascadia will obtain a list of municipal properties and their service level
information from the City and visit those properties the day before their normal collection day.We intend to sample
from every municipal property at least one time.The Cascadia team will remove samples of material from the bins at
the properties and either transport the materials to Rogers Ave.,GreenWaste Charles St., or sort it on-site depending
on the collection team's logistics that day.This approach relies on Recology or the City providing means for Cascadia
to access containers that may be locked or in locked enclosures.
TASK 3 . SORTING SAMPLES
Professional, Cascadia field crews will hand sort all selected samples,and Cascadia's Field Manager will be on-site
during all sorting activities to ensure that the field crews follows approved protocols and maintains consistency across
samples and sampling events.The Field Manager 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 Field 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 sample from each sector and stream are summarized in
Table 4.Proposed Sorting Locations
Garbage Recycle Organics
Recology GreenWaste
Multifamily At Property
Rogers Ave. Charles St.
Commercial Recology GreenWaste Recology
Rogers Ave. Charles St. Rogers Ave.
Recology GreenWaste At Property
Municipal Rogers Ave. Charles St. p y
TASK 4. ENTER, REVIEW, AND ANALYZE DATA
In Task 4,the Cascadia team will analyze the data collected and documented during Step 3, using rigorous QA/QC
protocols and the standard statistical procedures used for studies across the country and throughout the Bay Area.
j
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:
• 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.
• Verifying that the Cascadia field crew completes data forms for each sample and reviews them every evening
during the study for accuracy.
• Summing sample weights in real time so the Field Manager can confirm achievement of weight targets for
every sample.
• The tablet automatically syncs to a cloud storage preventing data loss and reducing transcription errors.
• Encoding the composition analysis formulae so that statistical protocols are consistently applied to different
data sets.
• 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.
Figure 1.Data Entry Screen for Hand-Sort Characterization
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Sample Measurements m Sample Information
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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.
1
CONDUCT COMPOSITION ANALYSES
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.
Waste Composition Calculations
The composition estimates represent the ratio of the components'weight to the total sample weight for each noted
subsector.They are derived by summing each component's weight across all the selected records and dividing by the sum
of the total sample weight,as shown in the following equation:
Y c
i
Yj_
Wi
where:
r=ratio of components'weight to the total sample weight
c=weight of particular component
w=sum of all component weights
for i 1 to n,where n=number of selected samples
for j 1 to m,where m =number of components
The confidence interval for this estimate is derived in two steps.First,the variance around the estimate is calculated,
accounting for the fact that the ratio includes two random variables(the component and total sample weights).The
variance of the ratio estimator equation follows:
11 PII 11�
C ii-rj Wi l-
\W2 I1-1
Wi
where: w=
n
Second,error rates at the 90%confidence interval are calculated for a component's mean as follows:
ri ±It• r
where: t=the11 value of the t-statistic(1.645)corresponding to a 90%confidence level(or
1.960 at a 95%confidence level).
These analysis protocols are consistent with CalRecycle's"Draft Regulations Governing Disposal Characterization
Studies."
After analysis, Cascadia will provide the City of Cupertino with raw data files and tables and figures
summarizing study results.
i
i
i
T� � �' � O � D/��T � N [� D � �� � NT�T| [lN
/ r�^,/� —/. REPORT r�/ v �/ PRESENTATION
/ r� / / �// v
PRODUCE REPORT OUTLINE AND FIRST DRAFT
|n Task S, Cascadia will assemble findings for each waste sector into a 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 an annotated outline for review by City staff, including examples of all figures
and tables tobe included in the report.
We expect the final report 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 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 outline,Cascadia will develop a draft report for the City's review.
FIKj/l[I7E REPORT
After we receive comments and edits(as tracked changes in a single Word document)from the City on the draft,we
will incorporate comments, make necessary changes, and submit a final report. In addition to electronic copies of the
report,we will also 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 use 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 inPovverPoint and branded in accordance with the Ot/s style guidelines.[aucadia team members will
be available,when needed,to present the results to the City's key stakeholders at a meeting of their choice.
After completing a report outline, Cascadia will work with the City to complete a draft and final
report and present our findings to City staff.
_
���
PROPOSED BUDGET
Cascadia proposes to complete the study described herein for$142,596. Budget detail by task is indicated
below.
TASK NAME AND NUMBER LABOR EXPENSES
Task 1.Kick 0ff,Study Design,and Coordination $21,000 $1,210
Task 2.Selecting and Obtaining Samples $21,490 $11,203
Task 3.Sorting Samples $48,629 $11,285
Task4.Enter,Review,and Analyze Data $9,500 $50
Task 5.Report and Presentation $18,100 $129
TOTAL $118,719 $23,877
PROPOSED TIMELINE
The below table presents the timeline that Cascadia has proposed for completing the City of Cupertino Multifamily,
Commercial, Municipal Waste Characterization Study.
TASK NAME AND NUMBER PLANNED COMPLETION DATE
Task 1.Kick-Off,Study Design,and Coordination 10/21/2019
Task 2.Selecting and Obtaining Samples 11/2/2019
Task 3.Sorting Samples 11/2/2019
Task4.Enter,Review,and Analyze Data 12/31/2019
Task 5.Report and Presentation 1/31/2020
Cascadia Consulting Group October 2 nd, 2019 10
Exhibit B & C: Schedule & Budget/Rates
PROPOSED BUDGET
Cascadia proposes to complete the study described herein for$142,596. Budget detail by task is indicated
below.
TASK NAME AND NUMBER LABOR EXPENSES
Task 1.Kick-Off,Study Design,and Coordination $21,000 $1,210
Task 2.Selecting and Obtaining Samples $21,490 $11,203
Task 3.Sorting Samples $48,629 $11,285
Task 4.Enter,Review,and Analyze Data $9,500 $50
Task 5.Report and Presentation $18,100 $129
TOTAL $118,719 $23,877
PROPOSED TIMELINE
The below table presents the timeline that Cascadia has proposed for completing the City of Cupertino Multifamily,
Commercial, Municipal Waste Characterization Study.
TASK NAME AND NUMBER PLANNED COMPLETION DATE _
Task 1.Kick-Off,Study Design,and Coordination 10/21/2019
Task 2.Selecting and Obtaining Samples 11/2/2019
Task 3.Sorting Samples 11/2/2019
Task 4.Enter,Review,and Analyze Data 12/31/2019 _
Task 5.Report and.Presentation 1/31/2020
Cascadia
Consulting Group October 2nd, 2019 10
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at
its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND AIUVI S 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 01 (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 iu 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 and non-contributory 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 npn-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.
O 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$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.
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Exh.D-Insurance Requirements for Design Professionals&Consultants Contracts Form Updated Feb. 2018
1
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 policy. 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 ofpremiums.
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, orbetter.
Verification of Coverage
Consultant must famish acceptable insumnce 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 duringthe 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 byConsultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk,prior
experience, insurer or other special circumstances,with not less than ninety(90) days prior written notice.
Exh.D-Insurance Requirements for Design Professionals&Constiltants Contracts Form Updated Feb.2018
2
CASCA-1 OP ID:SR
CERTIFICATE OF LIABILITY INSURANCE FD 107120Y 19
007/2019
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).
PRODUCER CONTACT
Sprague Israel Giles PHONE Robert Karl FAX
1501 Fourth Avenue,Suite 730 A/C No E,rt:206-623-7035 A/c No: 206-682-4993
Seattle,WA 98101-3225 E-MAIL
Robert Karl ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Ohio Casualty Ins Company 24074
INSURED Cascadia Consulting Group,Inc
1109 1 st Ave.,Ste.400 INSURER B:West American Insurance Co 44393
Seattle,WA 98101 INSURER C:Travelers Property Casualty Co 36161
INSURER D:Darwin Select Insurance Compan 24319
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.
I�7R TYPE OF INSURANCE NSD WVD POLICY NUMBER MMIDDY MM/DD//YYYY LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE �OCCUR X X BK057696405 03/19/2019 03/19/2020 DAMAGE TO R ED
PREMISES Ea occurrence $ 1,000,000
MED EXP(Any one person) $ 15,000
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: ISTOP GAP $ INCLUDED
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Ea accident
B X ANY AUTO BAW57696405 03/19/2019 03/19/2020 BODILY INJURY(Per person) $
X ALO X SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS Per accident
x$250 Comp X $500 Coll $
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000
A EXCESS LIAB CLAIMS-MADE X US057696405 03/19/2019 03/19/2020 AGGREGATE $ 4,000,000
DED X I RETENTION$ 10,000 $
WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS'LIABILITY STATUTE ER
C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X UB-3K113746 02/10/2019 02/10/2020 E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
D PROFESSIONAL 03042934 12/17/2018 03/19/2020 Ea Claim 1,000,000
$25,000 DEDUCTIBLE RETROACTIVE DATE-12117108 Aggregate 2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
The City of Cupertino, its City Council, officers,officials,employees,
agents,servants&volunteers are additional insured if required by written
contract or agreement,subject to the General Liability.Insurance is
Primary and Non Contributory.Waiver of Subrogation applies.30 days notice
of cancellation Re: Multi-family,and Municipal Waste Characterization Study
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS.
10300 Torre Avenue
Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE
4•
©1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
Coverage Is Provided In; Policy Number:
• Liberty The Ohio Casualty Insurance Company USO (19) 57 69 64 05
Mutuah
INSURANCE
(ITEM 5)SCHEDULE OF UNDERLYING INSURANCE:
CARRIER, POLICY
NUMBER AND PERIOD TYPE OF COVERAGE LIMITS OF INSURANCE
THE OHIO CASUALTY INSURANCE GENERAL $1,000,000 EACH OCCURRENCE
COMPANY LIABILITY LIMIT
$1,000,000 PERSONAL AND 3
BKO(19)57696405 ADVERTISING INJURY
03/19/2018 - 03/19/2019 LIMIT
$2,000,000 GENERAL AGGREGATE
LIMIT
$2,000,000 PRODUCTS - COMPLETED
OPERATIONS AGGREGATE
LIMIT
WEST AMERICAN INSURANCE OWNED AND HIRED $1,000,000 COMBINED SINGLE
COMPANY AND/OR NONOWNED LIMIT
AUTO LIABILITY
BAW(19)57696405
03/19/2018 - 03/19/2019
THE OHIO CASUALTY INSURANCE STOP GAP $1,000,000 BODILY INJURY EACH
COMPANY LIABILITY ACCIDENT LIMIT
$2,000,000 BODILY INJURY BY
BKO(19)57696405 DISEASE AGGREGATE
03/19/2018 - 03/19/2019 LIMIT
$1,000,000 BODILY INJURY BY
DISEASE EACH
EMPLOYEE LIMIT
THE OHIO CASUALTY INSURANCE EMPLOYEE $1,000,000 EACH EMPLOYEE LIMIT
COMPANY BENEFITS
LIABILITY
$2,000,000 AGGREGATE LIMIT
BKO(19)57696405
03/19/2018 - 03/19/2019
u
I
To report a claim, call your Agent or 1-800-362-0000
DS 70 23 01 08
01/25/18 57696405 POLSVCS 235 NCXFPPNO INSURED COPY 002629 PAGE 28 OF 84
Policy #BK057696405
COMMERCIAL GENERAL LIABILITY
CG 88 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
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
© 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8
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:
0 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.
© 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8
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
© 2013 Liberty Mutual Insurance
CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8
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.
N 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.
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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.
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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
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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 If -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.
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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.
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AVW
TRAVELERS JJ WORKERS COMPENSATION
AND
ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY
HARTFORD CT 06183
ENDORSEMENT WC 04 03 06(01) — O11
POLICY NUMBER: UB-3K113746-19-42-G
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS
ENDORSEMENT-CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 5.00% OF THE CALIFORNIA WORKERS'
COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION.
SCHEDULE
PERSON OR ORGANIZATION JOB DESCRIPTION
CITY OF CUPERTINO 10300 TORRE COMMERCIAL, MULTI-FAMILY, AND
AVE. CUPERTINO, CA 95014 MUNICIPAL WASTE
CHARACTERIZATION STUDY
DATE OF ISSUE: 10-07-19 ST ASSIGN: Page 1 of 1
Policy # BKO57696405
COMMERCIAL GENERAL LIABILITY
CG 80 61 05 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF CANCELLATION PROVISIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
Any term or provision of the Cancellation Conditions of the policy or any endorsement amending or replac-
ing such Conditions is amended by the following:
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the person or
organization shown in the Schedule below. In no event will the notice to the person or organization
scheduled below exceed the notice to the first named insured.
B. Our obligation to send notice to the person or organization listed in the Schedule below will terminate
at the earlier of the current policy period expiration or when you no longer have a legal or contractual
obligation to such person or organization to maintain insurance coverage under a policy which requires
that such person or organization be notified in the event of cancellation.
SCHEDULE
1. Name:
City of Cupertino
2. Address:
10300 Torre Ave
Cupertino, CA 95014
3. Number of days advance notice:
30
All other terms and conditions of this policy remain unchanged.
© 2011 Liberty Mutual Agency Corporation.All rights reserved.
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