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18-017 Raney Planning & Management, Inc., an Initial Study for the Alcalde Rd Lot Split Project
CITY OF a PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made and entered into as of October l 2017 ("Effective Date") by and between the City of Cupe11ino, a municipal corporation ("City"), and Raney Planning & Management, Inc. ("Contractor"), a Corporation for an Initial Study for the Alcalde Road Lot Split Project 2. SERVICES Contractor agrees to provide the services and perfonn the tasks ("Services ") set fo11h 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 2018 ("Contract Time"), unless te1minated earlier as provided herein. Contractor's Services shall begin on October 1, 2017 and shall be completed by _Jt_m_e_3_0~, _20_1_8 _____ _ 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 perfo1mance of all the Services . Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $10 810.00 ("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 pe1mitted without prior written approval of City. 4.2 Invoices and Payments . Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services , Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition reliev es City of any further payment or other obligations under the Agreement. Cit y Project/P ro g ram Alc ald e Road Lot Sp lit IS/MND -Co 111111unity Deve lo p111 ent De partm ent Professional/Cons ulting Con tracts /Rev. Nov 16, 201 7 Pa ge I o f9 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 perf01ming 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 waiTants on behalf of itself and its subcontractors that they have the qualifications and skills to perforn1 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 waiTants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or ce1tified to perfonn 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 te1ms 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 provi de proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In perfo1ming this Agreement, Contractor may have access to piivate or confidential info1mation owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damag ing to City. Contractor shall hold in confidence all City info1mation provided by City to Contractor and use it only to perfo1m this Agreement. Contractor shall exercise the same standard of care to protect City infonnation as a reasonably prndent contractor would use to protect its own prop1ietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, repo11, map, plan, drawing, specification, data, record, document or other infonnation or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive prope1iy of the City and shall not be shown to any third-patty without prior w1itten approval of City . C it y Project/Program A lca ld e Road Lot Split JS/MND -Co mmuni ty Development De partm ent Professional/Consulting Contracts /Rev. Nov I 6, 20 I 7 Page 2 o f9 7.2 Copyright. To the extent pe1mitted 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. 7.3 Patents and Licenses . Contractor must pay royalties or license fees required for authorized use of any third pm1y intellectual prope11y , including but not limited to patented, trademarked, or copyrighted intellectual prope11y 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 oiiginal 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 perf01mance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's perfonnance, benchmarks and deliverables , which must be available to City for review and audit. The records and supp011ing 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, hy:pothecate, 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 th e proj ect under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making th e C it y Proj ect/P ro g ram A lca lde Road Lo t S pli t I S/MND -Co mmunity Deve lo pm e nt Departm ent Professional/Consulting Contracts /Rev. Nov 16, 2017 Page 3 of9 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 ariicles. No signs may be posted, exhibited or displayed on or about City prope1ty, 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 warTanties; (b) Negligent or willful acts or omissions committed during perf01mance of the Services; ( c) Personal injury, prope1ty damage, or economic loss resulting from the work or perfo1mance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City's confidential and prop1ietary Inf01mation; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual prope1iy 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-pa1ty 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 constrned 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 ce1tificates 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. City Proj e ct/Program A lca ld e Road Lot S plit IS /MN D · Community Deve lopm e nt De pa rtm e nt Projess iona !/Co ns11/tin g Co ntra cts /Rev. Nov 16, 20 17 Pa ge 4 o f9 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 perfo1m . Contractor is responsible for verifying the employment authori zation of employees perfo1ming the Services , as required by the Immigration Ref mm 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. 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 wairnnts 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 fmm if Contractor makes ce11ain 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 rnles 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 payn1ents , 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 assignsG =~ia=n~P=ao=l=o~M~a~rt=ir~·e _____________ _ ____________ as the City 's repr esentative 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. Cit y Proj ec t/P ro g ra m A lca lde Road Lot S plit !S/MN D -Co mmuni ty Deve lo pm e nt De part me nt Profess iona //Co 11 s11 /tin g Co ntra cts /Rev. Nov 16, 20 I 7 Page 5 o f 9 Contractor Project Manager. Subject to City approval , Contractor assigns Nick Pappini ____________________ as its single Representative for all purposes under this Agreement, with authority to oversee the progress and perfo1mance 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 Perfo1mance. 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 pai1s therefor at any time. Contractor will be compensated for satisfactory Services perfo1med 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 perfo1mance of the Services. 16. TERMINATION City may tern1inate this Agreement for cause or without cause at any time . Contractor will be paid for satisfactory Services rendered through the date of te1mination, 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 Com1 for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code p1ior to filing a civil action in com1. If a dispute aiises, 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 w1itten 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 1ights 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 pm1y beneficiaries of this Agreement. C it y P roj ect!P ro g ram A lca ld e Ro ad Lot Split JS/MND -Community Development De pa rtm e nt Profess ional/Consulting Contracts /Rev. Nov 16, 20 17 Page 6 of9 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. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be infened herein . Either party may request an amendment to cure mistaken inse11ions 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 pm1 of the Agreement and in no way affect, limit or amplify the tenns or provisions of this Agreement. 24. SEVERABILITY/PARTIAL INVALIDITY If any tern1 or provision of this Agreement, or their application to a particular situation, is found by the com1 to be void, invalid, illegal or unenforceable, such te1m or provision shall remain in force and effect to the extent allowed by such rnling . All other tenns 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 te1minated , 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. City Project/Program A lca ld e Road Lot S plit IS/MN D -Co mmuni ty Deve lopme nt Departm ent Prof ess io11a //Cons11/ting Contracts /Rev. Nov 16, 20 17 Page 7 of9 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 confomed 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 10300 ToITe Ave . Cupe1iino CA 95014 Attention: Gian Paolo Martire Email: GianM@ cupertino.org 27. VALIDITY OF CONTRACT To Contractor: ------------- Raney Planning & Management, Inc. 150 I Sports Drive, Suite A Sacramento, CA 95834 Attention: Nick Pappini --~------------ Email : npappini@ raneymanage me nt.com This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupe1iino 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 f01m by the City Attorney's Office. 28. EXECUTION The person executing this Agreement on behalf of Contractor represents and waiTants that Contractor has full right, power, and authority to enter into and can-y 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 counterpa1is, each one of which is deemed an 01iginal and all of which, taken together, constitute a single binding instrnment. C it y Project/Program A lca lde Road Lot S plit IS/MND -Community De ve lopment D e partm e nt Projessio 11 al/Co nsu/ti11g Con tra cts /Rev. Nov 16, 2017 Page 8 of9 IN WITNESS WHEREOF, the parti es have caused the Agreement to be executed . CONTRACTOR Raney Planning & Management, Inc By ~ Name ~ Gn_o_s ' Title Sc I] tCv fr .Rg,,c~ Tax I.D. No.: F ORM: Cupertino City Attorney ATTEST:~ ~ Adi GRACESCHMIDT City Clerk l.-r -/ p CITY OF CUPERTINO A Municipal Corporation By fi4 ~ Name ,,(l)l,l!ll 8/( RJ j//JSJJJ l/!l Title #}IT· e/1Y II /1/V~Gef? Date ~J/Vf'/JQ / I City Project/Program Alcalde Road Lot Split IS/MND -Community Development Department Professional/Consulting Contracts /Rev. Nov 16, 2017 Page9of9 PROPOSAL TO PREPARE AN I N ITIAL STUD Y / MITIGATED N EGA TIVE DECLARATION Alea de Road Lot Split Cupe tino, CA October 2, 2017 Submitte to: Gian Paolo Martire Associate Planner 10300 Torre Avenue Cupertino , CA 95014 Office: (408) 777 -3319 Email : gianrn@ cupertino.org Submitted by: Raney Planning & Management, Inc . 1501 Sports Drive , Suite A Sacramento , CA 95834 Office: (916) 372-6100 Fax : (916) 419-6108 Email: info @raneyman agement.com Contacts: Cindy Gnos , AICP Senior Vice President Nick Pappani V ice President RANEY TABLE OF CONTENTS I. Project Understanding fl. Technical Scope of Services 3 I II. Schedule 7 IV. Cost Proposal 8 Appendix A: Resumes Appendix B: Geocon Consultants, inc. Peer Review Scope of Work /(.__RANEY I. Project Understanding Raney has tailored the following proposal and scope of services to prepare an Initial Study for the Alcalde Road Lot Split project (proposed project) in the City of Cupe11ino, CA. PROJECT OVERVIEW Prc~jec:t Location/Description The proposed project is located at 22561 Alcalde Road in the City of Cupe11ino , California (APN 342-29 -063). The project site is zoned for Single-Family Residential with a minimum lot size of 7,500 square feet (Rl-7 .5), with a land use designation of low/medium-density residential in the City of Cupe11ino General Plan. Smrnunding existing land uses include single-family residential bordering the site on all sides. The 0.45-acre project site contains a single-family home, detached garage, and shed. The project applicant is seeking to demolish these on-site strnctures , subdivide the property into two lots, and redevelop the site with two single-family homes. Site Bac:kgrouncl On August 19, 2017, Piers Environmental Services, Inc. (MCI) submitted a letter providing preliminary documentation of the soil sampling analysis perfo1med at the proposed project site. The results of the analysis indicated lead concentrations ranging up to 15 pm1s per million (ppm) below the residential "environmental screening levels " (ESLs) of 80 ppm, but arsenic concentration exceeded the residential ESL of .067 ppm at concentrations ranging between 1.2 ppm and 5.4 ppm . Based upon soil contamination, the City of Cupe11ino has requested a scope of work for Raney to perfmm CEQA review of the proposed project. APPROACH Raney proposes to prepare an Initial Study to analyze the potential environmental effects associated with the proposed project. The Initial Study will be prepared using the checklist contained in Appendix G of the CEQA Guidelines and the standard City of Cupe11ino fonnat. Raney anticipates that the potential impacts will be reduced to a less-than-significant level with the implementation of appropriate and practical mitigation measures ; therefore, the appropriate CEQA document will be an Initial Study/Mitigated Negative Declaration (IS /MND). Raney will work closely with City staff in the preparation of the IS /MND and determination of appropriate findings. The IS /MND will provide a discussion of the impacts related to implementation of the proposed project. Raney anticipates that the key issue requiring a more in-depth discussion in the Initial Study will be hazards and hazardous materials . Raney will utilize existing information for the project site and the City of Cupe11ino to the greatest extent feasible, including the City of Cupe11ino General Plan and General Plan EIR, and the info1mation and technical repo11s provided by the applicant team, as well as repo11s prepared under contract with Raney, for evaluating the potential impacts associated with the proposed project. /4 RANEY Optional Task: Phase II Peer Rel'iew Raney has included an optional task to sub-contract with Geocon Consultants, Inc. to conduct a technical peer review of the Phase II documentation to ensure the repo11 accurately and adequately addresses any issues on-site. Raney will utilize our extensive experience to professionally manage Geocon Consultants, Inc . to ensure that all of the pertinent environmental issues are addressed and that the technical peer review is produced within budget and on-schedule. Raney fomly believes that the level of coordination between the City and the local citizens is directly prop011ional to the success of the project. Raney intends to work closely with the City of Cupe11ino throughout the development and processing of the Initial Study. Raney assumes that any additional project information needed to facilitate the environmental review of the project will be supplied by the City or applicant team, through the City. Raney will remain objective and rely on the City to make the ultimate dete1mination on the conclusions and mitigation measures . The expectation of Raney is that we will serve as environmental consultants to the City . 2 '4 RANEY II. Technical Scope of ServiceA The following scope of services identifies the key tasks and deliverables for preparation of the Alcalde Road Lot Split IS /MND . Each task includes an approach and associated work products . TASK I PROJECT INI IA TION The objective of this task is to coordinate with City staff and the project team . Senior Vice President Cindy Gnos, AICP, will serve as the Project Director, and Vice President Nick Pappani will serve as the Project Manager. Raney assumes that the IS /MND will find that none of the environmental issues will result in a significant adverse impact. Raney will provide the following deliverables: • Paiiicipate in a kick-off meeting with City staff; • Review existing documentation for the project and identify key issues; • Perfonn a site visit; and • Refine the scope, if necessary, with any revisions for the City to approve. TASK2 PREPARE ADMINISTRATIVE DRAFT INITIAL STUDY The objective of this task is to prepare an Administrative Draft version of the IS /MND for review by City staff. The IS/MND will be prepared based upon City standards and will address all the issues identified in the Environmental Checklist, per Appendix G of the CEQA Guidelines. Raney anticipates that the key issue area, which will require a more in-depth discussion in the Initial Study, will be Hazards and Hazardous Materials. The following summarizes how Raney proposes to analyze the key issue area: Hazards and Hazardous Materials Section 15126.2(a) of the CEQA Guidelines states the general rnle that an environmental document "shall identify and focus on the significant environmental effects of the proposed project." Among the potential effects that must be ana lyzed are "any significant environmental effects the project might cause by bringing development and people into the area affected." (State CEQA Guidelines§ 15126.2(a) (emphasis added).) The California Supreme Comi addressed these provisions in California Building Industry Association v . Bay Area Air Quality Management District (2015) 62 Cal. 4th 369. In that case, an industry association challenged the air district 's suggested thresho ld s for the analysis of impacts of toxic air contaminants on future project residents. The Comi accepted review to address: "[u]nder what circumstances, if any , does [CEQA] require an analysis of how existing environmental conditions will impact future residents or users of a proposed project?" (Id. at 377.) The Court held that "agencies subject to CEQA generally are not required to analyze the impact of existing environmental conditions on a project's future users or residents." (Ibid (emphasis added).) The Comi fu1iher explained, however, that the general rnl e does not apply to effects the project might risk exacerbating. Specifically, it held : [W]hen a proposed project risks exacerbating those environmenta l hazards or conditions that already exist, an agency must analyze th e potential /4 RANEY 3 impact of such hazards on future residents or users. In those specific instances , it is the project 's impact on the environment-and not the environment's impact on the project -that compels an evaluation of how future residents or users could be affected by exacerbated conditions . The existing, known soil contamination at the project site is an environmental hazard that could be exacerbated by project development. For example, disturbance of soils during construction can expose construction workers to health hazards and possibly future residents, thus exacerbating an existing condition that is somewhat contained by being relatively undisturbed at this point in time . As a result , this IS/MND will appropriately evaluate the project's potential to exacerbate the existing environmental soil hazards at the project site. Raney understands that the applicant has provided a Phase II Subsurface Investigation, prepared by PIERS Environmental Service, for the project site. Raney will rely upon the provided Phase II report and will incorporate the results into the hazards and hazardous materials section of the Initial Study. Optional: Phase II Peer Reviewv Raney proposes to contract with Geocon Consultants, Inc . (Geocon) to conduct a technical peer review of the Phase II Subsurface Investigation (see Appendix B for a complete scope of work). Geocon will review the Phase II repo11 provided and prepare a letter to present their professional opinions on the appropriateness and adequacy of the rep011s with respect to project conditions, regulatory requirements, and industry standard of practice . Raney will review the technical letter to ensure that all CEQA issues have been adequately and accurately addressed and will incorporate the results of the peer review into the hazards and hazardous materials section of the Initial Study . Remaining Issue Areas The remaining issue areas of the Initial Study will be based upon info1mation provided by the applicant and the City as well as pe11inent City documents, including but not limited to the Cupe11ino General Plan, General Plan EIR, and any other pe11inent information prepared for the project site and sun-ounding area . For Air Quality, Raney will run CALEEMod to receive estimated emissions from the proposed project and compare the estimated emissions to the Bay Area Air Quality Management District thresholds of significance. Raney anticipates the emissions to be well below the threshold of significance . In regards to AB 52 requirements, Raney will assist the City with the required tribal consultations pursuant to AB 52 if the City has received one or more letters from tribes. Raney will provide the following deliverables: • Preparation of the env ironmental checklist and IS /MND analysis; and • One (1) electronic copy, in Word and PDF format, of the Administrative Draft IS /MND to the City for review. 4 / RANEY TASK3 PREPARE SCREENCHECK DRAFT IS/MND AND PUBLIC REVIEW DRAFT IS/MND FOR THE CITY RELEASE TO THE PUBLIC The objective of this task is to edit the Administrative Draft IS /MND based on the comments received from City staff and to prepare a Screencheck Draft IS/MND in a "strikethrough", underline fonnat. The City will then review the Screencheck Draft IS/MND to provide any additional comments. Raney will revise the Screencheck, based on City comments, to submit a Public Review Draft IS/MND to the City for distribution . Raney assumes the City will publish the notice for the IS/MND in the paper, post the IS /MND onlirie, and provide a copy of the notice and IS /MND to the County Clerk. Given that the project is not of statewide, regional, or areawide significance, pursuant to CEQA Guidelines Section 15206, Raney has assumed that the IS/MND would not be submitted to the State Clearinghouse for state agency review, and the public document review period will be twenty (20) days . Raney will provide the following deliverables: • Submit one (1) electronic version of the Screencheck Draft IS/MND to the City, in Word format, that incorporates City comments; • Revise the Screencheck Draft IS /MND, based on additional City comments, to prepare the Public Review Draft IS /MND; • Submit one (1) electronic version of the Public Review Draft IS /MND, in Word and PDF formats, to the City of Cupe11ino; and • Prepare the Notice of Intent to Adopt a Mitigated Negative Declaration (NOI) and the Notice of Dete1mination (NOD), should the project be approved. TASK4 PREPARE MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) The objective of this task is to prepare a Mitigation Monitoring & Rep011ing Program (MMRP) for the City of Cupe11ino, should mitigation be required for the project. Raney will incorporate existing monitoring mechanisms that are in place in order to assist the City in meeting the intent of CEQA. The draft MMRP will be prepared in table fmmat to specify any mitigation measures, standards of success, pai1ies responsible for implementing and monitoring, and timing. Raney will provide the following deliverables : • Submit one (1) electronic copy, in Word, of the draft MMRP to the City for review; • Revise draft MMRP based on City comments; and • Submit one (1) electronic copy, in Word and PDF, of the final MMRP to the City. TASKS RESPONSE TO COMMENTS The objective of this task is to provide a written response to any comments received during the public review period of the IS /MND, if necessary. Although CEQA does not require written responses to comments on an IS /MND, Raney suggests the written responses be included in the staff rep011 to ensure the decision-makers have adequate info1mation on which to base their decision on the project. For the purposes of this scope, Raney has assumed there will be minimal comments on the IS /MND during the public review period . '4 RANEY 5 Raney will provide the following deliverables: • Prepare written responses to comments received in coordination with the City; and • Produce an e1Tata sheet should any comments necessitate changes to the IS /MND text. TASK6 PROJECT MANAGEMENT The objective of this task is to ensure extensive coordination with City staff throughout the processing of the environmental document. Raney will provide the following deliverables: • Regular phone and e-mail communication with City staff; • Meetings and hearings can easily be accommodated upon request and would be billed on a time-and-materials basis following Raney ' s standard billing rates . /( RANEY 6 The following tentative schedule is based on experience providing similar services. The schedule could be lengthened or sho11ened, depending on the needs of the City of Cupe11ino. Factors that could lengthen or sho11en the schedule include dates of receipt of project inf01mation, length of document reviews, changes in the project description, AB 52 requirements, and unanticipated issues arising from City staff or the project team. Milestones & Deliverables Notice To Proceed (NTP) Project Initiation Meeting and Site Visit Receipt of Technical Peer Review Administrative Draft Initial Study to the City of Cu e11ino for review Receipt of City comments on Administrative Draft Initial Stud Public Review Initial Study to the City of Cu e11ino Public Review Period (20 days) Provide Responses to public comments , if applicable Director approval of IS /MND /c RANEY 7 Timing TBD WeekofNTP Two (2) weeks from NTP Two (2) weeks from receipt of Peer Review Two (2) weeks One and a half (1.5) weeks Twenty (20) days Three (3) days TBD Task 1 Task 2 Task 2 .1 Task 3 Task 4 Task 5 Task 6 IV. Cost Proposal The cost for completion of the Alcalde Road Lot Split IS /MND is not to exceed $10,810. These costs are based on the estimates of time for each task provided in the spreadsheet below . Costs for the Initial Study preparation will be billed on a not-to-exceed basis, following Raney standard billing rates also included in the spreadsheet below. ~~fl!!lf(ffi:lyj] m30!imrn r!l'!m~·'·"·"ii:I C .~ <O 5 al ro ·u Q) ·c rn 0 0, ·u <O Q) .c ·u Q) ~ C 0. u 0 rn <O Q) (/) i:5 :'2 Cf) I-(/) ·u 0 ~ ~ <( 0 0 5 (/) Q) Q) <ii ro (/) ·e ·e ::::, ::::, ·c <( a a Q) Cl.. Cl.. Cf) ~ ~ <{ <{ Project Initiation 6 Prepare Administrative Draft Initial Study 2 4 4 30 AQ / GHG Technical A n a lys is 2 6 Prepare Screencheck Draft IS/MND and Prepare Public Review Draft IS/MND 2 3 6 Prepare MMRP 1 1 Response to Comments, if needed 2 2 Project Manaqement, Meetinqs, and Hearinqs 4 8 Tota l Hours 6 23 2 6 7 39 H ou r ly Rate $ 170 $ 150 $ 150 $ 125 $ 120 $ 100 Total Labor $ 1,020 $ 3,450 $ 300 $ 750 $ 840 $ 3,900 Sub-Consultants & Expenses Copy inq/Printi nq/Travel/Postaqe/Etc. * $ 500 10% adm in istrative fee $ 50 Total Expenses Total Budget Optional : Sub-Consu ltant: Geocon Peer Review $ 950 *Estimates only . Will be billed on time-and-material basis . The following assumptions were used in the calculations: • Raney ' s costs are based on the assumption that the provided data from the City is accurate and current and wi ll be avai lable for the preparation of the IS /MND. • Raney will provide the City with the number of copies of the documents as indicated in the technical scope of services. The cost for copying and printing is an estimate only and will be billed at cost. All other printing and distribution of the documents will be the responsibility of the City. • Raney expects that all work will be completed within the budgeted time . If additional time is necessary beyond that which has been budgeted due to unanticipated ci rcumstances, those items will need to be renegotiated . 8 RANEY ..>:: (/) <O I- al Cl.. U) 0 u $ 900 $ 4,420 $ 1,050 $ 1,260 $ 250 $ 500 $ 1,880 $ 10,260 $ 550 $ 10,8 1 0 Factors that would increase the scope of work and estimated costs outlined in the proposal include: attendance at public meetings ; printing of additional copies of repo1ts ; analysis of additional issues beyond those discussed in this proposal or a more detailed level of analysis than described in this proposal; additional reviews and edits beyond those included in this scope of work; changes in the project; and collection of data required beyond that described in this proposal. Raney would propose to renegotiate these items , if required, or charge on a time -and-materials basis . /( RANEY 9 EXHIBIT D Insura1tce Requireme1tts Professio1tal/Co1tsulting Services Contracts Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance and results of the Services hereunder by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: l. Commercial General Liability (CGL): Insurance Services Office ("ISO") Fonn CG 0001 covering CGL on an "occurrence" basis, including products and completed operations, contractual liability, property damage, bodily injury, and personal and adve11ising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate lin1it shall apply separately to this Project (ISO CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified mininmm insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b . Additional Insured coverage under Contractor's policy shall be "primary and non- contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 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 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 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 Form Number CA 00 01 covering any auto (Code 1), or, if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with 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 if Contractor provides written verification it ha s no employees). 4. Professional Liability. Insurance which includes coverage for professional acts , en-ors and omi ssions , with limits no less than $2,000,000 per occurrence or claim, $2 ,000,000 aggregate (if applicable). If Contractor maintains broader coverage and/or higher lin1its than the minimums shown above, City requires and shall be entitled to the broader coverage and higher insurance limits maintained by Contractor. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions : Additional Insured Status The City of Cupe11ino, its City Council, officers, officials , employees, agents, servants and volunteers are to be co vered as additional insureds on the CGL policy with respect to liability arising out of the Services In suran ce R equirements for Profess io nal/Co nsulting Co n tra cts Versi on: N o v 2 017 1 performed by or on behalf of Contractor including materials , parts , or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used . Primary Coverage For any claims related to this Contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City , its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Contractor'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 Contractor grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance . Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions City may approve self-insured retentions and require proof of Contractor's ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurers must be acceptable to City and licensed to do business in California, and each insurer must have an A.M. Best's financia l strength rating of "A" or better and a financia l size rating of"VII" or better. Claims Made Policies (applicable only to professional liabili ty) If any of the required policies provide coverage on a claims-made basis: 1. The Retroactive Date must be shown and must be before the Effective Date of the Contract. 2. Insurance must be maintained for at least five (5) years after completion of the Services . 3. 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 Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. Verification of Coverage Contractor shall furnish the City with acceptable original 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 to City prior to commencing the Services. City retains the 1ight to demand verification of compliance at any time during the Contract. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. Insurance coverage shall not limit Contractor 's duties to indemnify, defend and hold City ham1less. City reserves the right to modify these requirements based on the nature of the risk , prior experience, insurer, coverage or other special circumstances. In s uran ce R equirem ents for Profess io na!/Co11 s u!ting Contra cts Vers ion : Nov 2 01 7 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/D D/YYYY) ~ 1/10/20 18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CON FERS NO RIGHTS UPON THE CERTIFICA TE HOLDER . THIS CERTIFICATE DOES NOT AFF IRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PO LI CIES BELOW . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN T HE ISSUING INSURER(S), AUTHORIZED REPRES ENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER . IMPORTANT : If the ce rt ificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed . If SUBROGATION IS WAIVED , subject to the terms an d conditio ns of the pol icy , certai n policies may requ ire an endors ement. A stat eme nt on th is ce rtifi cate does not confer ri ghts to the cert ifi cate holde r in lieu of such endorsement(s). PROD UCER ~~~r~cT P araaon In s u rance Services P ara gon I ns u rance S ervices ;~9NJ_ c-•'· 916-353-1023 I FAX 30 1 Natoma S t #104 IA/C No\: 916 -353-1370 Fols o m CA 95630 ~oMl~~ss : commer cia l®oaraa oninsservices.com INSUR ER/Sl AF FORDI NG COV ERA GE NAIC # INSU RER A: Gemini Ins ura n ce Co mpany 10833 IN SURED RANEY -1 INS URE R s: Li b erty Mut ual Insu rance Co. 20343 Ran ey P l ann i n g & Managem e nt, Inc. IN SURE R c : Ohio Security Insurance Co 1501 Sports D rive S acram e nto CA 95834 INS URER D : INS URER E : INS URE R F: COVERAGES CERTIFICATE NUMBER: 89 03 12265 REVISION NUMBER: THIS IS T O C E RT IFY THAT T HE POLI C IES O F INSURANCE LI ST ED B E LOW H AVE BEEN ISS UED T O T HE INSU R E D NAMED ABOVE F OR TH E P OLICY P ERIOD INDICATED. NOTWIT H ST ANDING ANY REQU IR E M EN T , TERM OR COND ITION OF ANY CONTRACT OR OTH ER DOCUMENT WITH R ES PECT T O W H ICH THIS CERTIFICATE MAY BE ISSUED OR MAY P ERTAIN , TH E INSURANCE AFF ORD ED BY THE POLICI ES DESCRIBED H E R EIN IS S U BJ EC T T O ALL TH E T E RMS , EXCL US IONS AN D CONDITI ONS OF S UC H PO LI C IES . LIMITS S H OWN MAY HAVE B EEN R EDUC E D BY PAID CLAIMS. INSR ADDL SU BR /~~TJ%)'.hw1 (~~rc\i~\ LTR TYPE OF INS UR ANC E INSD WVD PO LI CY NUMB ER LIMI TS B X CO MM ER CIAL GENERAL LIABILI TY BKS5 7775071 5/1/2017 5/1/20 18 EACH OCCURRENCE $2,000,000 -D CLAIMS -MADE 0 OCCUR DAMAGE TO REN TED -PR EMISES /Ea occurrenc e) $100,000 MED EXP (Any one person ) $10,000 - PERSONAL & ADV INJURY $2,000 ,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000 ,00 0 Fl 0PRO-OLoc PRODUCTS -COMP/OP AGG $2,000 ,000 PO LI CY JEC T OTHER: Deductible $NIL C AUT OMO BILE LIABIL ITY BAS5777507 1 5/1/2017 5/1/2018 COMB INED SINGLE LIMIT $1 000000 /Ea accident\ f-- X ANY AUTO BODILY INJURY (Per person) $ -ALL OWNED -SCHEDU LED BOD IL Y INJURY (Per accident) $ -AUTOS f--AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS IPer accident\ -- Deductible $NIL UMBRELLA LI AS HOCCUR EACH OCCURRENCE $ - EXC ESS LIAS CLAIMS-MADE AGGREGATE $ OED I I RETENT ION $ $ B WORK ERS COMP ENSAT ION XWS5777507 1 5/1/2017 5/112018 X I ~¥fTuTE I I OTH-ER AN D EMPLOYER S' LIABILI TY Y IN ANY PROPRIETO R/PARTNER/EXECUTIVE [TI N /A E.L. EACH ACCIDENT $1 ,000 ,00 0 OFFICER/MEMBER EXC LUDED ? (M anda tory in NH) E.L. DISEASE -EA EMPLOYEE $1 ,000 ,000 II yes, des cribe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLIC Y LIMIT $1 ,000 ,000 A Professiona l Lia bi lity VNP L002454 712812017 51112018 Each Claim 2,000 ,000 Agg regate 2,000,000 Deductible per claim 5,000 DESCRI PTI ON OF OPERATIONS/ LOCA TIONS/ VEHI CLE S (ACOR D 10 1, Add itional Remarks Sc hedu le, may be attac hed if more space is required) Project Name: Alcalde Road IS/MND City of Cupertino , its City Council. officers , officials , employees , agents , servants and volunteers are to be covered as additiona l insureds with respect to liability arising out of work or operations pe rformed by or on beha lf of Contractor including materials, parts or equipment furnished in connection with such work or operation s . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABO VE DESCRIBED POLICIES BE CANCELLED BEFORE T HE EXPIRATION DATE THEREOF , NOT ICE WILL BE DELIV ER ED IN AC CORD ANCE WI TH T HE POLIC Y PROVI SIO NS . City o f Cupertino 10300 Torre A venue AU THORIZE D REPRES ENTAT IVE Cupertino C A 95014 ~~£<~k1r. I © 1988-2 01 4 ACORD CORPORATION . A ll righ ts re served. ACOR D 25 (2 01 4/0 1) The AC ORD nam e and lo g o a re regi stere d marks of AC ORD COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT ACCIDENTAL AIRBAG DEPLOYMENT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BROAD FORM INSURED BODILY INJURY REDEFINED EMPLOYEES AS INSUREDS (including employee hired auto) EXTENDED CANCELLATION CONDITION EXTRA EXPENSE -BROADENED COVERAGE GLASS REPAIR -WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) HIRED AUTO COVERAGE TERRITORY LOAN / LEASE GAP PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) PERSONAL EFFECTS COVERAGE PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE RENTAL REIMBURSEMENT SUPPLEMENTARY PAYMENTS TOWING AND LABOR TWO OR MORE DEDUCTIBLES UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED PROVISION NUMBER 3 12 19 5 13 1 22 2 23 10 15 6 20 14 16 11 8 9 4 7 17 18 20 SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: CA88100113 d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period . 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; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy . e. Any organization you newly acquire or form , other than a partnership or joint venture, of which you own more than 50 percent of the voting stock . This automatic coverage is afforded only for 180 days from the date of acquisition or formation . However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan ava ilable to that organization ; © 2013 Liberty Mutual In s urance Includ es co pyrighted material of In s uran ce Services Office, Inc ., wit h its permission . Page 1 of 7 35432931 J 5777507 1 I 17-18 Master Cert.ificate I Kendra Anderson I 5/3/2017 1 :50:1 8 PM (CDT) I Page 2 of 17 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1 . -WHO IS AN INSURED is amended to include the following as an insured: f. 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". g. An "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". 3. 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: h. 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, 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 agreement , or the permit has been issued to you; and (3) Only for the duration of that contract , agreement or permit 4. 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 . 5. 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 provision 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. SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended as follows : 6. HIRED AUTO PHYSICAL DAMAGE CA 88 10 01 13 Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "a utos " 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 © 2013 Lib erty Mutual In su ra nce In cludes copy righted material of Insurance Services Office , Inc ., with its permission . Page 2 of 7 3543293 1 I 5 777507 1 I 1 7-18 Mas cer Certificate I Kendra Anderson I 5/3/20 1 7 1:50 :18 PM (CDT) I Page 3 o f 1 7 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 smallest of: (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 ". For the purposes of th is provision , SECTION V -DEFINITIONS is amended by adding the following : "Total loss " means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value . 7. TOWING AND LABOR SECTION Ill -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 $50 per disablement. b. For "light trucks ", we wi ll pay up to $50 per disablement. "Light trucks " are trucks that have a gross vehicle weight (GVW) of 10 ,000 pounds or less . c . For "medium truc ks" , we will pay up to $150 per disablement. "Medium trucks " are trucks that have a gross vehicle we ight (GVW) of 10 ,00 1 -20 ,000 pounds . However , the labor must be perfo rmed at the place of disablement. 8 . PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE CA88100113 Paragraph A.4 .a ., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE , is amended to provide a limit of $50 per day and a ma ximum limit of $1,500 © 20 13 Libe rt y Mu tua l Ins urance In cludes copy ri g hted materi al of In s ura nce Serv ices Office, In c., w ith it s permi ss io n . Page 3 of 7 35432931 I 57775071 l 17-18 Master Certificate l Kendra Anderson I 5 /3 /2017 1:50 :18 PM (CDT) I Page 4 of 17 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by add ing 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 expenses incurred after the first 24 hours following the "accident" or "loss " to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable 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 ". 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 . For the purposes of this endorsement provision, materials and equipment do not include "personal effects " as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION Ill -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 . 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -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 securities . 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Coll ision 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. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE CA88100113 SECTION Ill -PHYSICAL DAMAGE COVERAGE , B. EXCLUSIONS, exception paragraph a . to exclusions 4.c . and 4.d . is deleted and replaced with the following : © 20 13 Liberty Mutual In su rance In cludes copyrighted materia l of In sura nce Services Offi ce, Inc ., with its permission. Page 4 of 7 3543293 1 I 5777507 1 I 1 7 -18 Master Cert i ficate I Kendra Anderson I 5/3/201 7 1 :50 :1 8 PM (CDT) I Page 5 o f 1 7 Exclusion 4.c. and 4.d . do not apply to: a. Electronic equipment that receives or transmits audio , visual or data signals , whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss " and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto " and physical damage coverages are provided for the covered "auto"; or 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. 14. LOAN / LEASE GAP COVERAGE CA88100113 A . Paragraph C ., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the follow ing : 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 Insurance 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 term ination 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 . C . SECTION V -DEFINTIONS 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. © 20 13 Liberty Mutual In su rance Includes co pyr ighted material of Insurance Services Office , In c ., wi th its pe rmi ss ion . Page 5 of 7 3543293 1 I 5777507 1 I 17-1 8 Master Cen:.ificace I Ke n dra Anderson j 5 /3 /20 1 7 1:50 :18 PM (CDT) J Page 6 o f 1 7 15. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -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. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -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 while it is: 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 . 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill 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: 18. 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 inception 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. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS CA88100113 SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A .2.a. is replaced in its entirety by the following: 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. © 2013 Liberty Mutual Insurance Includes copyrighted material of In su rance Services Office, Inc ., with its permission . Page 6 of 7 35432931 [ 57775071 f 17-18 Master Cert i ficate I Kendra Anderson I 5/3/20 1 7 1: 50 : 18 PM (CDT ) I Page 7 of 1 7 To the extent possib le , notice to us should include : (1) How , when and whe re the "accident" or "loss " took place; (2) The "insureds " name and address ; and (3) The names and addresses of any injured persons and witnesses . 20. 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 waived those rights before an "accident" or "loss ", our rights are waived also . 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS , paragraph B.7., Pol icy 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 Un ited 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 w ith a driver. SECTION V-DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS, definition C . is replaced by the following : "Bodily injury" means physical injury , sickness or disease susta ined by a person , including mental anguish, mental injury, shock , fr ight or death resulting from any of these at any time . COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION CA88100113 COMMON POLICY CONDITIONS , paragraph A .-CANCELLATION condition applies except as follows : If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellat ion at least 60 days before the effective date of cancellation . This prov ision does not apply in those states which require more than 60 days prior notice of cancellation . © 2013 Li berty Mutual Ins urance In cl udes copy righted material of Ins ura nce Serv ices Office , In c ., wit h its per mi ss io n . Page 7 of 7 3543293 1 j 5777507 1 I 17-18 Mast.er Cert.ificat.e I Kendra Anderson I 5 /3 /20 17 1 :50 :18 PM (CDT) I Page 8 of 17 COMMERCIAL GENERAL LIABILITY CG 85 83 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS -PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. 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 or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products-completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance 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 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 Conditions. B. 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: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs . 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: CG 85 83 0413 a. The preparing, approving or failure to prepare or approve , maps, shop drawings, opinions, reports, surveys, field orders , change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities . © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 C. With respect to the insurance afforded by this endorsement , exclusion I. Damage To Your Work of Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by the following: I. Damage To Your Work "Property damage" to "your work " arising out of it or any part of it and included in the "products- completed operations hazard". D. With respect to the insurance afforded to these additional insureds , the following is added to Section II - 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: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration . whichever is less . This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. With respect to the insurance afforded by th is endorsement, Section IV -Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims 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 "su it" 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 ava ilable any other insurance which the add itional 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. Paragraph 4. of Section IV -Commercial General Liability Conditions is amended as follows: CG 85 83 0413 a. The follow ing 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 i nsu red 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 . b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease , fac ilities 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 additional 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 . © 201 3 Lib erty Mutu al In su ran ce In clude s co pyri g hted materia l of In suran ce Serv ices Office, In c., wi th its perm iss io n. Page 2 of 2 COMMERCIAL GENERAL LIABILITY CG 8810 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION Th is endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SUBJECT NON-OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY-ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS-COVERAGES AAND B ADDITIONAL INSU RE DS -BY CONTRACT, A GREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY -ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Li berty Mutu a l In s ura nce CG 88 10 0413 In cludes copyrig hted materia l of In s ura nce Services Office, In c ., w ith it s pe rm iss ion. 35432931 I 57775071 I 17 -18 Master Certificate I Kendra Anderson I 5 /3/2017 1:50:18 PM (CDT) I Page 9 of 17 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 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 Liability, 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: CG88100413 a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: 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 Ill -Limits of Insurance. © 201 3 Liberty Mutual Insu rance Includes copy righted material of In su ran ce Services Office, Inc ., with its permission. Page 2 of 8 3543293 1 I 5777507 1 I 1 7-1 8 Mast.er Cert.i f i cate I Kendra Anderson I 5/3/2017 1: 50: 18 PM (CDT) I Page 1 0 of 17 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 Ill -Limits Of Insurance. 2. Paragraph 6. under Section Ill -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 systems; 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 AAND 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: CG 88 10 0413 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 "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 3 of 8 35432931 I 57775071 I 17-18 Mast.er Certificate I Kendra Anderson I 5/3/2017 1 :50 :1 8 PM (CDT) I Page 11 of 1 7 b. Premises or facilities rented by you or used by you ; or c. The maintenance , operation or use by you of equipmen t 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 subd ivision has issued a permit subject to the following additional provis ions : (1) This insurance does not apply to "bodily injury'', "property damage", or "personal and advertising injury'' arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bod ily injury" or "property damage" included within the "completed operations hazard ". (3) Insurance applies to prem ises you own , rent , or control but only with respect to the follow ing hazards : a) The existence, maintenance , repair, construction , erection , or removal of advertising signs , awnings, canop ies, cellar entrances , coal holes , driveways , manholes, marquees , hoist away openings , sidewalk vau lts , street banners , or decorations and s imilar ex posures ; or (b) The construction, erection, or removal of elevators; or (c) The ownersh ip , maintenance , or use of any elevators covered by this insurance . However: 1. The insurance afforded to such additional insured only appl ies to the extent permitted by law; and 2 . If coverage provided to the addit ional insured is requ ired by a contract or agreement, the insurance afforded to such add itional insured will not be broader than that wh ich 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 organizat ion 's status as an additional insured under this endorsement ends when : (1) All work , includ ing materials , parts or equipment furnished in connection with such work , on the project (other than service , ma intenance or repairs) to be perfo rmed by or on behalf of the additional insured(s) at the location of the covered operations has been completed ; or (2) That port ion of "your work" out of which the injury or damage arises has been put to its intended use by any person or o rgan ization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. W ith respe ct to Paragraph 1.b. abo ve , a person 's or organization 's status as an additional insured unde r this e ndorsement ends when their written contract or written agreement with you for such premises or fac ili ties ends. With respects to Paragraph 1.c. above , this insurance does not apply to any "occurrence" which takes place afte r the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by th is 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 addit io nal insured as requ ired in Paragraph b. of Condition 2 . Duties In the Event Of Occurrence , Offense, Claim Or Suit under Section IV -Commercial General Liability Conditions. © 20 13 Li berty Mutual Ins urance CG 8810 0413 Incl udes copyrigh ted ma te ria l of Ins urance Services Office , In c., w ith it s pe rm iss io n . Page 4 of 8 35432931 I 57775071 I 17-18 r-'.aster Certificat.e I Kendra Anderson I 5/3/2017 1:50:18 PM (CDT) I Page 12 of 17 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 rendering of, or the failure to render , any professional architectural , engineering or surveying services , including : (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings , opinions , reports, surveys , field orders, change orders or drawings and specifications ; or (2) Supervisory, inspection , architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision , hiring, employment , training or mon itoring of others by that insured , if the "occurrence " which caused the "bodily injury'' or "property damage ", or the offense which caused the "personal and advertising injury'', involved the rendering of, or the failure to render , any professional architectural , engineering or surveying services. 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 add itional 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 insu red for ongoing operat ions by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement issued 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 Ill - 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 Dec larat ions ; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations . H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qual ifies as an additional insured under any form or endors ement under this pol icy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows : CG88100413 a. The following is added to Paragraph a. Primary Insurance: If an additional insured's pol icy has an Other Insurance provision making its poli cy excess , and you have agreed in a written contract or written agreement to provide the additional insured coverage on a prim a ry and noncontributory basis , this poli c y shall be primary and we will not see k contribution from th e additional insured's pol icy for damages we cover. © 20 13 Liberty Mutual Insu rance Incl udes copyrig hted materia l of Insurance Services Office , In c ., wi th its pe rmi ssio n . Page 5 of 8 3543293 1 I 57775071 I 17-18 Master Certificate j Kendra Anderson I 5/3/20 1 7 1 :50:18 PM (CDT) I Page 1 3 of 1 7 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 additional insured is designated as a Named Insured. Regardless of the written agreement between you and an add itional 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 appl ies 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 lim its 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 Ill -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": CG88100413 (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 employment 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 bus iness ; (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 fail ing to provide professional health care services . However, if you are not in the business of providing profess ional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not app ly. © 2013 Liberty Mutual Insurance Inclu des copy right ed material of In su rance Serv ices Office , Inc., wi th its permission . Page 6 of 8 35432931 I 57775071 I 17-18 Mascer Certificate I Kendra Anderson f 5/3/2017 1: SO: 18 PM (CDT) I Page 14 of 17 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 ass igned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury'' or "personal and 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 intoxication 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. Representations: 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. 0. 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, sickness or disease. © 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office , Inc ., with its permission . Page 7 of 8 35432931 I 5777507 1 I 1 7-18 Master Certificate / Kendra Anderson J 5/3/20 1 7 1:50:1 8 PM (CDT) I Page 1 5 of 1 7 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" ex pected or intended from the standpo int of the insured . This exclusion does not app ly 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. Transfer 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 ma ke for injury or damage arising out of your ongoing operations or "your work" done under a cont ract with that pers o n or organization and included in the "products-completed operations hazard " provided : 1. You and that person or organ izat ion ha ve agreed in writ ing in a contract or agreement that you waive such rights aga inst that person or organ ization ; and 2. The injury or damage occ urs subsequent to the execution of the written contract or written agreement. © 20 13 Liberty Mutu al Insurance CG 8810 0413 In cludes copyri ghted mate ria l of Ins ura nce Serv ices Office . Inc ., with its permiss io n . Page 8 of 8 35432931 J 57775071 I 17 -18 Mascer Certificate I Kendra Anderson I 5/3 /2017 1:50:18 PM (CDT) I Page 16 of 17 0 m N N M 0 ;; WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 03 B (Ed. 01-17) ENDORSEMENT AGREEMENT LIMITING AND RESTRICTING THIS INSURANCE OFFICERS AND DIRECTORS COVERAGE / EXCLUSION-CALIFORNIA If the employer named in Item 1 of the Information Page is a quasi-public applies to all officers and members of boards of directors while rendering for pay , as employees , except those excluded below who individually corporation 's issued and outstanding stock . or private corporation , this policy actual service for the corporation own at least 15 percent of the The insurance under this policy is limited as follows: It is AGREED that , anything in this policy to the contrary notwithstanding , this policy DOES NOT INSURE : Officers and Directors Excluded Timothy Raney Title CEO Nothing in this endorsement shall be held to vary , alter, waive or extend any of the terms, conditions , agreements, or limitat ions of this policy other than as above stated. Nothing elsewhere in this policy shall be held to vary , alter, waive or limit the terms , conditions, agreements or limitations in this endorsement. It is further agreed that "remuneration" when used as a premium basis for such insurance as is afforded by this policy shall not include the remuneration of any person excluded from coverage in accordance with the foregoing. FAILURE TO SECURE THE PAYMENT OF FULL COMPENSATION BENEFITS FOR ALL EMPLOYEES AS RE- QUIRED BY LABOR CODE SECTION 3700 IS A VIOLATION OF LAW AND MAY SUBJECT THE EMPLOYER TO THE IMPOSITION OF A WORK STOP ORDER, LARGE FINES, AND OTHER SUBSTANTIAL PENALTIES (Labor Code Section 3710.1, et seq.). Issued by Ohio Security Insurance Company 19291 For attachment to Policy No. XWS (18) 57 77 50 71 Effective Date Issued to RANEY PLANNING & MANAGEMENT , INC. WC 04 03 03 B (Ed . 01-17) © 2016 Workers ' Compensation Insurance Rating Bureau of California. All Rights Rese rved. Premium $ N M 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA WC 99 06 79 (Ed. 01-13) 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 en- gaged in the work described in the Schedule. The additional premium for this endorsement is $ 2 5 o . o o Person or Organization ALL PERSONS OR ORGANIZATIONS ANY Job Description REQUIRED BY WR I TTEN CONTRACT PRIOR TO THE ACCIDENT OR LOSS Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy Effective 05/01/2017 State Endorsement No . 0004 Prem ium ~ Policy No. XWS (18) 57 77 50 71 Insu red RANE Y PLANNING & MANAGEMENT , INC . Insurance Company Ohio Security Insurance Company 19291 Coun tersigned by --------- WC 99 06 79 (Ed. 01-13) © 2013 Liberty Mutua l Insurance In cludes copyrighted material of WCIRB ,with its pe rmissi on. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO 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 AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD NMATA Wayne Enke 05/08/2018 RANEYPLANN A BAS57775071 A XWS57775071 A BKS57775071 1,000,000 1,000,000 1,000,000 4,000,000 2,000,000 4,000,000 15,000 500,000 2,000,000 1,000,000 X X X X 05/01/2018 05/01/2019 05/01/2018 05/01/2019 05/01/2018 05/01/2019 Project Name: Bubb Road IS/MND City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts or equipment furnished in connection with such work or operations. GDI Insurance Agency, Inc. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Raney Planning & Management 1501 Sports Dr Sacramento, CA 95834 Liberty Mutual Insurance Company 23043 X This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART 2013Liberty Mutual Insurance Includes copyrighted material of InsuranceServices Office, Inc.,with its permission . Paragraph under 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 or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and Included in the "products-completed operations hazard". However: The insurance afforded to such additional insured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the insurance 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 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 of Condition under With respect to the insurance provided by this endorsement, the following are added to Paragraph under This insurance does not apply to: "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and Supervisory, inspection, architectural or engineering activities. 2013Liberty Mutual Insurance Includes copyrighted material of InsuranceServices Office, Inc.,with its permission . With respect to the insurance afforded by this endorsement, exclusion of Paragraph under is replaced by the following: "Property damage" to "your work" arising out of it or any part of it and included in the "products- completed operations hazard". With respect to the insurance afforded to these additional insureds, the following is added to 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: Required by contract or agreement; or Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. With respect to the insurance afforded by this endorsement, is amended as follows: The following is added to Paragraph An additional insured under this endorsement will as soon as practicable: Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 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. Paragraph of is amended as follows: The following is added to Paragraph 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. The following is added to Paragraph 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 additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance 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. 05/01/2018 0008 XWS (19) 57 77 50 71 RANEY PLANNING & MANAGEMENT, INC. Ohio Security Insurance Company 19291 (Ed. 01-13) (Ed. 01-13) 2013Liberty Mutual Insurance Includes copyrighted material of WCIRB,with its permission. 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 en- gaged in the work described in the Schedule. The additional premium for this endorsement is $ . This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective Endorsement No. Policy Effective Premium State Policy No. Insured Insurance Company Countersigned by ___________________