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21-024 Raney Planning & Management, Inc. (“Contractor”), a Corporation for 20860 McClellan Rd20860 McClellan Rd
Page 1 of 9 Professional/Consulting Contracts /Version: October 2021
PROFESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”),
and Raney Planning & Management, Inc. (“Contractor”), a Corporation for 20860 McClellan Rd,
and is effective on the last date signed below (“Effective Date”).
2. SERVICES
Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in
Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry
out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on June 30, 2022 (“Contract
Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the
effective date and shall be completed by June 30, 2022. The City’s appropriate department head
or the City Manager may extend the Contract Time through a written amendment to this
Agreement, provided such extension does not include additional contract funds. Extensions
requiring additional contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the
Schedule of Performance, attached and incorporated here Exhibit B.
3.3 Time is of the essence for the performance of all the Services. Contractor must have
sufficient time, resources, and qualified staff to deliver the Services on time.
4. COMPENSATION
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
$14,420.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and
rates included in Exhibit C, Compensation attached and incorporated here. The maximum
compensation includes all expenses and reimbursements and will remain in place even if
Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted
without prior written approval of City.
4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable
completed and the amount due for the preceding month. Within thirty (30) days of completion of
Services, Contractor must submit a requisition for final and complete payment of costs and pending
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claims for City approval. Failure to timely submit a complete and accurate payment requisi tion
relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the
Services and for the persons hired to work under this Agreement. Contractor is not entitled to
health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Services in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Services as required by law
and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this
Agreement. Prior written approval from City is required for any subcontractor, and the terms and
conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and
equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, p ersonal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security,
disability, unemployment, workers compensation or employee benefits of any kind. Contractor
shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or
charges applicable to Contractor’s business including, but not limited to, federal and state income
taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf
of Contractor. Should any court, arbitrator, or administrative authority, including but not limited
to the California Public Employees Retirement System (PERS), the Internal Revenue Service or
the State Employment Development Division, determine that Contractor, or any of its employees,
agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in
amounts payable under this Agreement, or to promptly remint to City any payments due by the
City as a result of such determination, so that the City’s total expenses under this Agreement are
not greater than they would have been had the determination not been made.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information
owned or controlled by the City, which may contain proprietary or confidential details the
disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence
all City information provided by City to Contractor and use it only to perform this Agreement.
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Contractor shall exercise the same standard of care to protect City information as a reasonably
prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product,
memoranda, study, report, map, plan, drawing, specification, data, record, document, or other
information or work, in any medium (collectively, “Work Product”), prepared by Contractor in
connection with this Agreement will be the exclusive property of the City upon completion of the
work to be performed hereunder or upon termination of this Agreement, to the extent requested by
City. In any case, no Work Product shall be shown to any third-party without prior written approval
of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising
out of this Agreement is considered “works for hire” and all copyrights to the Work Product will
be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized
use of any third party intellectual property, including but not limited to patented, trademarked, or
copyrighted intellectual property if incorporated into the Services or Work Product of this
Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City
may use or modify the Work Product of Contractor or its sub-contractors prepared or created under
this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired;
(b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or
(d) Other City projects.
7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work
Product, on recycled paper and copied on both sides, except for one single-sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in
accordance with generally accepted accounting principles. The records must include detailed
information of Contractor’s performance, benchmarks and deliverables, which must be available
to City for review and audit. The records and supporting documents must be kept separa te from
other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in
connection with the performance of this Agreement, including but not limited to correspondence
between Contractor and any third party, are public records under the California Public Records
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Act, California Government Code section 6250 et seq. Contractor shall comply with all laws
regarding the retention of public records and shall make such records available to the City upon
request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest
therein, directly or indirectly, by operation of law or otherwise, without prior written consent of
City. Any attempt to do so will be null and void. Any changes related to the financial control or
business nature of Contractor as a legal entity is considered an assignment of the Agreement and
subject to City approval, which shall not be unreasonably withheld. Control means fifty percent
(50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of
this Agreement and for one year thereafter, will reference the City’s contributions in making the
project possible. The words “City of Cupertino” will be displayed in all pieces of publicity,
including flyers, press releases, posters, brochures, public service announcements, interviews and
newspaper articles. No signs may be posted, exhibited or displayed on or about City property,
except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City,
from and against any and all liability, damages, claims, actions, causes of acti on, demands,
charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to
litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from
this Agreement or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations, or warranties;
(b) Negligent or willful acts or omissions committed during performance of the Services;
(c) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors;
(d) Unauthorized use or disclosure of City’s confidential and proprietary Information;
(e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark,
or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must
accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request,
Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this
Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’
compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in
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the Agreement shall be construed to give rise to an implied right of indemnity in favor of
Contractor against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations
on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as
required by City. City will not execute the Agreement until City approves receipt of satisfactory
certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision
may result in City, at its sole discretion and without notice, purchasing insurance for Contractor
and deducting the costs from Contractor’s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and
regulations applicable to this Agreement. Contractor will promptly notify City of changes in the
law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor
is responsible for verifying the employment authorization of employees performing the Services,
as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If
the Scope of Services includes a “public works” component, Contractor is required to comply with
prevailing wage laws under Labor Code Section 1720 and other labor laws.
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious
creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy,
age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome
(AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination
laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735,
1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination,
Contractor understands that harassment and discrimination directed toward a job applicant, an
employee, a City employee, or any other person, by Contractor or its employees or sub-contractors
will not be tolerated. Contractor agrees to provide records and documentation to the City on
request necessary to monitor compliance with this provision.
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13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable
to this Agreement and must avoid any conflict of interest. Contractor warrants that no public
official, employee, or member of a City board or commission who might have been involved in
the making of this Agreement, has or will receive a direct or indirect financial interest in this
Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be
required to file a conflict of interest form if Contractor makes certain governmental decisions or
serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of
Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and
employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursements or terminating this Agreement. City reserves all
other rights and remedies available under the law and this Agreement, including the right to seek
indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Brianne Reyes as the City’s representative for all
purposes under this Agreement, with authority to oversee the progress and performance of the
Scope of Services. City reserves the right to substitute another Project manager at any time, and
without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Nick Pappani as its
single Representative for all purposes under this Agreement, with authority to oversee the progress
and performance of the Scope of Services. Contractor’s Project manager is responsible for
coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule
of Performance. Contractor must regularly update the City’s Project Manager about the progress
with the work or any delays, as required under the Scope of Services. City written approval is
required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be
compensated for satisfactory Services performed through the date of abandonment, and will be
given reasonable time to assemble the work and close out the Services. With City’s pre-approval
in writing, the time spent in closing out the Services will be compensated up to a maximum of ten
percent (10%) of the total time expended to date in the performance of the Services.
16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid
for satisfactory Services rendered through the date of termination, but final payment will not be
made until Contractor closes out the Services and delivers the Work Product.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to
this Agreement must be filed with the Superior Court for the County of Santa Clara, State of
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California. Contractor must comply with the claims filing requirements under the Government
Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide
the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award
must be supported by law and substantial evidence and include detailed written findings of law
and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Agreement, the
prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of ever y kind or nature between
the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written,
between the Parties. Any modification of this Agreement will be effective only if in writing and
signed by each Party’s authorized representative. No verbal agreement or implied covenant will
be valid to amend or abridge this Agreement. If there is any inconsistency between any term,
clause, or provision of the main Agreement and any term, clause, or provision of the attachments
or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will
be inferred herein. Either party may request an amendment to cure mistaken insertions or
omissions of required provisions. The Parties will collaborate to implement this Section, as
appropriate.
23. HEADINGS
The headings in this Agreement are for convenience only, are not a part of the Agreement and in
no way affect, limit, or amplify the terms or provisions of this Agreement.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found
by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in
force and effect to the extent allowed by such ruling. All other terms and provisions of this
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Agreement or their application to specific situations shall remain in full force and effect. The
Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated,
including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law,
and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid,
registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Brianne Reyes
Email: BrianneR@cupertino.org
To Contractor:
Raney Planning & Management, Inc.
1501 Sports Dr., Ste A
Sacramento, CA 95834
Attention: Nick Pappani
Email: npappani@raneymanagement.com
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that
Contractor has full right, power, and authority to enter into and carry out all actions contemplated
by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a
legally binding obligation of Contractor. This Agreement may be executed in counterparts, each
one of which is deemed an original and all of which, taken together, constitute a single binding
instrument.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Name
Title Title
Date Date
Cindy Gnos
Senior Vice President
Nov 1, 2021
Cindy Gnos
Nov 1, 2021
Director of Community Development
Benjamin Fu
20860 McClellan Rd
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APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Christopher D. Jensen
Nov 1, 2021
1
October 26, 2021
Brianne Reyes, Associate Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
brianner@cupertino.org
(408) 777-7907
Re: 20860 McClellan Road Subdivision Project Initial Study/Mitigated Negative
Declaration
Dear Ms. Reyes:
On behalf of Raney, a division of Raney Planning & Management, Inc., I am pleased to submit
the following proposal for the preparation of an Initial Study/Mitigated Negative Declaration
(IS/MND) for the 20860 McClellan Road Subdivision project (proposed project) in the City of
Cupertino, California. I would like to thank you for contacting Raney directly to request a scope
of work. The following scope of work has been tailored based on the information provided to
date. The scope of work may be further refined in coordination with you and City staff, as
needed. We look forward to the opportunity to work with you on this project.
PROJECT UNDERSTANDING
Project Location
The proposed project is located at 20860 McClellan Road in the City of Cupertino, California.
The approximately 1.25-acre parcel (APN 359-20-030) is developed with a single-family
residence, barn, garage, accessory dwelling unit (ADU), and a truck yard in the western portion
of the site. 21 trees are scattered throughout the site. The proposed project site is bound by
McClellan Road to the north and Cherryland Drive to the east. Surrounding existing uses include
single-family residences to the north, east, and south; two churches, the Tessellations K-8
School, and an adult day services center to the west; and De Anza College further northwest. The
Cupertino General Plan designates the site as Residential and the site is zoned single-family
residential district with a minimum lot area of 10,000 square feet (sf), (R1-10).
Project Description
The proposed project will include demolition of all existing buildings and removal of trees to
allow for development of six residential lots ranging from 7,526 sf to 9,835 sf. Each residential
lot will include a two-story single-family residence ranging from 2,970 sf to 3,605 sf, a 415-sf
garage, and one ADU ranging from 540 sf to 600 sf. Each residence will include a two-car
garage, three onsite parking spaces, and one designated off-site parking space on Cherryland
Drive. The proposed project will include roadway improvements to Cherryland Drive, including
an emergency fire truck turnaround. Landscaping will be provided and trees will be planted
throughout the site.
Exhibit A
2
The project will require the following approvals:
•Rezone/Zoning Map Amendment from R1-10 to single-family residential district with a
minimum lot area of 7,500 sf (R1-7.5);
•Tentative Tract Map; and
•Six Two-Story Permits.
APPROACH
Raney proposes to prepare an IS/MND to analyze the potential environmental effects associated
with the proposed project. The IS/MND will be prepared using the checklist contained in
Appendix G of the CEQA Guidelines and the standard City of Cupertino format. 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 IS/MND. Raney will work closely with City staff throughout 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 areas, which may require a more in-depth discussion in the
IS/MND, may include but not be limited to air quality and greenhouse gas (GHG) emissions,
biological resources, and hazards and hazardous materials. Raney will utilize the provided
technical reports, technical reports prepared by Raney, existing information for the project site
including, but not limited to, the City of Cupertino 2040 General Plan and associated EIR, as
well as other environmental documents prepared for projects in the area, as applicable.
Raney firmly believes that the level of coordination between the City and the local citizens is
directly proportional to the success of the project. Raney intends to work closely with the City of
Cupertino throughout the development and processing of the IS. Raney will remain objective and
rely on the City as the lead agency to make the ultimate determination on the conclusions and
mitigation measures. The expectation of Raney is that we will serve as environmental consultants
to the City, and will make ourselves available to assist the City to facilitate the process.
Available Technical Reports
Raney understands that the following technical reports have been prepared for the project site
and will be available for use in the analysis:
•Arborist Report (May 25, 2021) prepared by Advanced Tree Care;
•Geotechnical Investigation (January 19, 2021) prepared by GeoEngineering Consultants
(GEC);
•Phase I Environmental Site Assessment (March 31, 2021) prepared by Silicon Valley
Environmental Group;
•Limited Phase II Environmental Site Assessment (May 21, 2021) prepared by ReDevelop
Inc.; and
•Preliminary Stormwater Analysis (August 5, 2021) prepared by MH Engineering Co.
Technical Reports Prepared by Raney
The air quality and greenhouse gas (GHG) emissions analysis for the project will be prepared in-
house by Raney’s Air Quality Division led by Vice President Rod Stinson and Division
Manager/Air Quality Specialist, Angela DaRosa. All air quality and GHG studies are prepared
3
consistent with the regulations and requirements of CEQA, Assembly Bill (AB) 32, Senate Bill
(SB) 32, the City of Cupertino Climate Action Plan (CAP), Bay Area Air Quality Management
District (BAAQMD), and the City of Cupertino.
TECHNICAL SCOPE OF SERVICES
Raney proposes to perform the following tasks for the provision of environmental consultation
services for the proposed project:
Task 1 Project Initiation
The objective of this task is to participate in a kick-off meeting with City staff to review existing
documentation for the project and identify the key issues. Vice President Nick Pappani, will
serve as the Project Director and Division Manager/Air Quality Specialist Angela DaRosa will
serve as the Project Manager.
Raney will complete the following:
•Participate in a kick-off meeting with City staff and applicant team;
•Review existing documentation for the project and identify key issues;
•Establish communication protocols;
•Refine the scope, if necessary, with any revisions for the City to approve; and
•Perform a site visit.
Task 2 Prepare Administrative Draft IS/MND
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 will utilize the latest version of the Appendix G Checklist.
The following summarizes how Raney proposes to analyze the key issue areas:
Air Quality and GHG Emissions
The air quality and GHG emissions analysis for the proposed project will be performed in-house
by Raney, following BAAQMD guidelines. Given the size of the project, Raney anticipates the
proposed project would fall below the screening level threshold. Raney will run default
preliminary modeling to confirm the results of the screening table using the most up to date
modeling pursuant to BAAQMD guidelines.
Biological Resources
The biological resources section will focus particularly on the potential effects to existing trees
from build-out of the proposed project. It should be noted that all existing trees and the removal
of such trees are subject to Cupertino’s Protected Tree Ordinance (Cupertino Municipal Code
Chapter 14.18). Raney will rely on the applicant-provided Arborist Report for use in the analysis.
Raney will internally review the report to ensure all CEQA issues have been adequately and
accurately addressed and would incorporate the results of the analysis into the biological
resources section of the IS. Raney will also request a search of the California Natural Diversity
Database (CNDDB) and include the results in the biological resources section of the IS.
4
Hazards and Hazardous Materials
The hazards and hazardous materials section will summarize the setting and describe any
potential for existing or possible hazardous materials within the project area, including any lead
or asbestos associated with the existing on-site structures. Raney will rely on the applicant-
provided Phase I and II Environmental Site Assessments. Raney will internally review the
reports to ensure all CEQA issues have been adequately and accurately addressed and would
incorporate the results of the analysis into the hazards and hazardous materials section of the IS.
Remaining Issue Areas
The remaining issue areas of the IS/MND will be based upon information provided by the City
and/or the project team, and pertinent City documents, including but not limited to the City of
Cupertino 2040 General Plan and General Plan EIR, as well as any other pertinent information
prepared for the project site and surrounding area.
With respect to cultural resources, Raney will request a search of the California Historical
Resources Information System (CHRIS) as well as a Sacred Land Files Search through the
Native American Heritage Commission (NAHC), and incorporate the results into Raney’s
analysis. Given the passage of AB 52, and the associated amendments to Public Resources Code
21080.3.1, lead agencies are required to consult with Native American tribes early in the CEQA
process. Raney understands the City of Cupertino has not received any letters from tribes
requesting notice pursuant to AB 52/PRC 21080.3.1.
With respect to geology and soils, Raney will rely on the applicant-provided Geotechnical
Investigation for use in the analysis. Raney will review the report to ensure all CEQA issues
have been adequately and accurately addressed and would incorporate the results of the analysis
into the geology and soils section of the IS.
With respect to hydrology and water quality, Raney will rely on the applicant-provided
Preliminary Stormwater Analysis for use in the analysis. Raney will review the report to ensure
all CEQA issues have been adequately and accurately addressed and would incorporate the
results of the analysis into the hydrology and water quality section of the IS.
With respect to transportation, Vehicle Miles Traveled (VMT) thresholds would need to comply
with Cupertino’s Ordinance No. 21-2223, which replaced Level-of-Service (LOS) with VMT for
CEQA-level transportation analysis. Per Cupertino Municipal Code Section 17.08.030, projects
that are consistent with General Plan policies and supported by substantial evidence
demonstrating cumulative VMT is declining may be screened out if the project meets one or
more of the following criteria:
•Located within one-quarter mile of a High-Quality Transit Corridor or transit stop as
defined by CEQA;
•Local-serving retail of 50,000 sf or less; or
•Consists of 100 percent affordable housing.
Based on discussions with the City, Raney anticipates the project will meet the criteria outlined
in Cupertino Municipal Code Section 17.08.030 and can be screened out for VMT impacts.
Raney will demonstrate the project’s ability to be screened out for VMT in the IS analysis and
5
the project’s VMT impacts are anticipated to be considered less-than-significant per CEQA
guidelines.
Raney will complete the following deliverables:
•One hard copy and one electronic copy of the Administrative Draft IS/MND to the City
for review.
Task 3 Prepare Screencheck Draft IS/MND and Public Review Draft IS/MND for
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. The City will then review
the Screencheck Draft IS/MND to provide any additional comments. Raney will revise the
Screencheck Draft IS/MND, based on any additional City comments, to submit a Public Review
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 online, and provide a copy of the notice and IS/MND to
the County Clerk. Raney will prepare a Notice of Intent (NOI) to Adopt a Mitigated Negative
Declaration, Notice of Determination (NOD), and a Notice of Completion (NOC). Raney will
electronically submit the NOC, IS/MND, and State Clearinghouse Summary Form for Electronic
Document Submittal (Form F) to the State Clearinghouse.
Raney will complete the following deliverables:
•Submit one electronic version of the Screencheck Draft IS/MND to the City that
incorporates City comments;
•Revise the Screencheck Draft IS/MND to reflect any additional City comments and
prepare a Public Review IS/MND;
•Submit one hardcopy and one electronic version of the Public Review IS/MND to the
City;
•Prepare the NOI to Adopt a Mitigated Negative Declaration and the NOD, should the
project be approved;
•Prepare the NOC and the State Clearinghouse Summary Form for Electronic Document
Submittal (Form F); and
•Electronically submit the NOC, IS/MND, and Summary Form F to the State
Clearinghouse.
Task 4 Prepare Mitigation Monitoring & Reporting Program (MMRP)
The objective of this task is to prepare a Mitigation Monitoring & Reporting Program (MMRP)
for the City of Cupertino. Raney will incorporate existing monitoring mechanisms that are in
place in order to assist the City of Cupertino in meeting the intent of CEQA. The MMRP will be
prepared in table format to specify any mitigation measures, standards of success, parties
responsible for implementing and monitoring, and timing.
Raney will complete the following deliverables:
•Prepare and submit one electronic copy of the draft MMRP in table format to the City;
•Revise draft MMRP based on City comments; and
•Prepare and submit one electronic final MMRP.
6
Task 5 Response to Comments (if needed)
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 report to ensure the decision-makers have adequate information on which to base their
decision on the project. For the purposes of this scope, Raney assumes that minimal comments
will be received on the project.
Raney will complete the following deliverables:
•Prepare written responses to comments received in coordination with the City; and
•Produce an errata sheet should any comments necessitate changes to the IS/MND text.
Task 6 Project Management and Meetings
The objective of this task is to ensure extensive coordination with City staff throughout the
processing of the environmental document. Raney anticipates attendance at up to two public
hearings. However, Raney would be available to attend additional hearings, if requested by the
City, and would bill on a time-and-materials basis.
Raney will complete the following deliverables:
•Project Management by Vice President Nick Pappani serving as Project Director, and
Division Manager/Air Quality Specialist Angela DaRosa, serving as Project Manager;
•Project Support from President Tim Raney, AICP, Senior Vice President Cindy Gnos,
AICP, Vice President Rod Stinson, and associate/administrative staff;
•Regular phone and e-mail communication with City staff;
•Attendance at up to three meetings and/or hearings; and
•Additional 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.
7
SCHEDULE
The following tentative schedule is based on experience providing similar services. The schedule
could be lengthened or shortened, depending on the needs of the City of Cupertino. Factors that
could lengthen or shorten the schedule include dates of receipt of project information, length of
document reviews, AB 52 requirements, changes in the project description, and unanticipated
issues arising from City staff or the project team.
*Extended due to Holiday
**It is Raney’s understanding that the City’s standard approach is to route all CEQA documents through the State Clearinghouse for a 30-day review period. If the City
is amenable to a 20-day review period, given that the project is not considered to be of area wide significance, Raney will revise the schedule to 20-days.
TENTATIVE SCHEDULE
City of Cupertino
20860 McClellan Road Subdivision IS/MND
Milestones & Deliverables Timing Anticipated Date
Notice to Proceed (NTP) TBD November 1, 2021
Kick-off Meeting and Receipt of Applicant
Prepared Technical Reports Week of NTP Week of November 1,
2021
Administrative Draft Initial Study to the
City of Cupertino for review
Four weeks from
NTP December 1, 2021*
Receipt of City comments on the
Administrative Draft Initial Study Two weeks December 15, 2021
Submit Screencheck Draft Initial Study to
the City for review One week December 22, 2021
Receipt of City comments on the
Screencheck Draft Initial Study Three days January 3, 2022*
Submit Public Review Initial Study to the
City of Cupertino Three days January 6, 2022
Public Review Period (30 days) Thirty days** January 7, 2022 to
February 6, 2022
Final MMRP and Response to Comments
(if necessary) to the City of Cupertino One week February 14, 2022
Public Hearings TBD March 2022
Exhibit B
8
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Task 1 Project Initiation 4 600$
Task 2 Prepare Administrative Draft Initial Study 2 4 2 5 40 6,325$
Task 2.1 AQ/GHG Technical Analysis 2 4 820$
Task 3
Prepare Screencheck IS/MND and Public Review
IS/MND 1 3 4 10 2,210$
Task 4 Prepare MMRP (If needed)1 2 370$
Task 5 Response to comments, if needed 2 4 740$
Task 6 Project Management and Meetings 2 14 2,420$
Total Hours 2 7 26 2 4 9 56
Hourly Rate 180$ 160$ 150$ 150$ 130$ 125$ 110$
Total Labor 360$ 1,120$ 3,900$ 300$ 520$ 1,125$ 6,160$ 13,485$
Sub-Consultants & Expenses 935$
Copying/Printing/Travel/Postage/Etc.*350$
CHRIS Search 500$
10% administrative fee 85$
Total Budget 14,420$
*Estimate only and will be billed at cost.
20860 McClellan Road Subdivision IS/MND
COST ESTIMATE
BUDGET
The cost for completion of the 20860 McClellan Road Subdivision IS/MND is anticipated not to
exceed $14,420 as shown in the following spreadsheet. The costs for completion of the IS/MND
are based on the estimates of time for each task, following Raney’s standard billing rates.
The following assumptions were used in the calculations:
•Raney assumes attendance at meetings as outlined in the above scope of work.
Attendance at additional meetings or hearings could easily be accommodated and would
be billed on a time-and-materials basis, as directed.
•Raney costs are based on the assumption that the provided data from the City is accurate
and current and will be available for the preparation of the IS.
•Raney will provide to the City 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.
Exhibit C
9
• Should tribal consultation be required under AB 52, Raney assumes the City will handle
this consultation. However, Raney will be available to assist the City as needed, upon
request. Raney would propose to amend the scope of work, schedule, and budget
accordingly.
• 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
circumstances, those items will need to be renegotiated.
Factors that would increase the scope of work and estimated costs outlined in the proposal
include: attendance at additional meetings and hearings, printing of additional copies of reports,
analysis of additional issues beyond those discussed in this proposal or a more detailed level of
analysis than described in this proposal, additional comments and subsequent revisions or
responses to comments, 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.
Thank you for the opportunity to submit our proposal for your consideration. Additional
information regarding Raney’s experience, including resumes and project history, is available
upon request. If you have any questions regarding our scope of work or qualifications, please
feel free to contact me. We look forward to the opportunity to work with you and the City of
Cupertino.
Thank you,
Nick Pappani, Vice President
Raney Planning & Management, Inc.
npappani@raneymanagement.com
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
1
Form Updated Sept. 2019
Consultant shall procure prior to commencement of Services and maintain for the duration of the contract,
at its own cost and expense, the following insurance policies and coverage with companies doing business in
California and acceptable to City.
INSURANCE POLICIES AND MINIMUMS REQUIRED
1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for
premises operations, products and completed operations, contractual liability, and personal and
advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a
general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit.
a. It shall be a requirement that any available insurance proceeds broader than or in excess of the
specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the
broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory,"
will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO
Form CG 20 10 (04/13).
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or
excess insurance, provided each policy complies with the requirements set forth in this Contract. Any
umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary basis for the benefit of City before the City’s own insurance or self-
insurance shall be called upon to protect City as a named insured.
2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned
autos) with limits no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits and
Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
Not required. Consultant has provided written verification of no employees.
4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s
profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a
claims made form:
a. The Retroactive Date must be shown and must be before the Effective Date of the Contract.
b. Insurance must be maintained for at least five (5) years after completion of the Services.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase
“extended reporting” coverage for a minimum of five (5) years after completion of the Services.
EXHIBIT D
Insurance Requirements
Design Professionals & Consultants Contracts
Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts
2
Form Updated Sept. 2019
OTHER INSURANCE PROVISIONS
The aforementioned insurance shall be endorsed and have all the following conditions and provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers
(“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile
liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s
insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later
editions are used).
Primary Coverage
Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance
maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance
and shall not contribute to it.
Notice of Cancellation
Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written
notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums.
Waiver of Subrogation
Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the
extent said losses are covered by the insurance policies required herein. Specifically, the Workers’
Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed
by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not
the City has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either:
the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional
Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim
administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured
retention may be satisfied by either the insured or the City.
Acceptability of Insurers
Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better.
Verification of Coverage
Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies
effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the
CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to
demand verification of compliance at any time during the Contract term.
Subconsultants
Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of
this Contract, including naming the City as an additional insured on subconsultant’s insurance policies.
Higher Insurance Limits
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be
entitled to coverage for the higher insurance limits maintained by Consultant.
Adequacy of Coverage
City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior
experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
$
$
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
Cupertino, CA 95014
10300 Torre Avenue
City of Cupertino
See ACORD 101
$5,000 per claimDeductible
$2,000,000Aggregate Limit
$2,000,000Each Claim Limit
12/22/202105/01/2021VNPL007561
Professional Liability - Claims Made
D
1,000,000
1,000,000
1,000,000
8
12/22/202112/22/202057WECAJ5C4KYC
2,000,000
2,000,000
12/22/202112/22/202057 SBA BN2072
10,0008
88
A
1,000,000
12/22/202112/22/202057UECBA9824YY
8
B
4,000,000
4,000,000
2,000,000
10,000
1,000,000
2,000,000
12/22/202112/22/202057 SBA BN2072YY
8
8
8
A
10833Gemini Insurance Company
22357Hartford Accident and Indemnity Company
11000Sentinel Insurance Company
29424Hartford Casualty Insurance Co
95834-2035CASacramento
1501 Sports Drive
Raney Planning and Management, Inc.
info@pacificunity.com
(916) 846-9558(916)846-9555
Ana Orange
95661CARoseville
Ste #200
2241 Douglas Boulevard
Pacific Unity Insurance Solutions, Inc.
7/31/2021
EFFECTIVE DATE:
NAMED INSURED
POLICY NUMBER
NAIC CODECARRIER
AGENCY
LOC #:
AGENCY CUSTOMER ID:
ofPageADDITIONAL REMARKS SCHEDULE
ADDITIONAL REMARKS
FORM TITLE:FORM NUMBER:
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
© 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
ACORD 101 (2008/01)
RE: Project Name: 21750 Rainbow Drive
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as additional insured in respects to general
and auto liability and waiver of subrogation is granted in respects to general and auto liability and workers compensation as required by written contract in
accordance with policy provisions.
Certificate Of Liability Insurance25
Raney Planning and Management, Inc.Pacific Unity Insurance Solutions, Inc.
11
COMMERCIAL AUTOMOBILE
HA 99 16 03 12
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 1 of 5
COMMERCIAL AUTOMOBILE BROAD FORM
ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other
provisions of the Coverage Form, the provisions of this endorsement apply.
1. BROAD FORM INSURED
A. Subsidiaries and Newly Acquired or
Formed Organizations
The Named Insured shown in the
Declarations is amended to include:
(1) Any legal business entity other than a
partnership or joint venture, formed as a
subsidiary in which you have an
ownership interest of more than 50% on
the effective date of the Coverage Form.
However, the Named Insured does not
include any subsidiary that is an
"insured" under any other automobile
policy or would be an "insured" under
such a policy but for its termination or
the exhaustion of its Limit of Insurance.
(2) Any organization that is acquired or
formed by you and over which you
maintain majority ownership. However,
the Named Insured does not include any
newly formed or acquired organization:
(a) That is a partnership or joint
venture,
(b) That is an "insured" under any other
policy,
(c) That has exhausted its Limit of
Insurance under any other policy, or
(d) 180 days or more after its
acquisition or formation by you,
unless you have given us notice of
the acquisition or formation.
Coverage does not apply to "bodily
injury" or "property damage" that results
from an "accident" that occurred before
you formed or acquired the organization.
B. Employees as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
SECTION II - LIABILITY COVERAGE is
amended to add:
d. Any "employee" of yours while using a
covered "auto" you don't own, hire or
borrow in your business or your
personal affairs.
C. Lessors as Insureds
Paragraph A.1. - WHO IS AN INSURED - of
Section II - Liability Coverage is amended to
add:
e. The lessor of a covered "auto" while the
"auto" is leased to you under a written
agreement if:
(1) The agreement requires you to
provide direct primary insurance for
the lessor and
(2) The "auto" is leased without a driver.
Such a leased "auto" will be considered a
covered "auto" you own and not a covered
"auto" you hire.
D. Additional Insured if Required by Contract
(1) Paragraph A.1. - WHO IS AN INSURED
- of Section II - Liability Coverage is
amended to add:
f. When you have agreed, in a written
contract or written agreement, that a
person or organization be added as
an additional insured on your
business auto policy, such person or
organization is an "insured", but only
to the extent such person or
organization is liable for "bodily
injury" or "property damage" caused
by the conduct of an "insured" under
paragraphs a. or b. of Who Is An
Insured with regard to the
ownership, maintenance or use of a
covered "auto."
57UECBA9824
© 2011, The Hartford (Includes copyrighted material
Form HA 99 16 03 12 of ISO Properties, Inc., with its permission.)Page 2 of 5
The insurance afforded to any such
additional insured applies only if the
"bodily injury" or "property damage"
occurs:
(1) During the policy period, and
(2) Subsequent to the execution of such
written contract, and
(3) Prior to the expiration of the period
of time that the written contract
requires such insurance be provided
to the additional insured.
(2) How Limits Apply
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
most we will pay on behalf of such
additional insured is the lesser of:
(a) The limits of insurance specified in
the written contract or written
agreement; or
(b) The Limits of Insurance shown in
the Declarations.
Such amount shall be a part of and not
in addition to Limits of Insurance shown
in the Declarations and described in this
Section.
(3) Additional Insureds Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional
insured must submit such claim or "suit"
to the other insurer for defense and
indemnity.
However, this provision does not apply
to the extent that you have agreed in a
written contract or written agreement
that this insurance is primary and non-
contributory with the additional insured's
own insurance.
(4) Duties in The Event Of Accident, Claim,
Suit or Loss
If you have agreed in a written contract
or written agreement that another
person or organization be added as an
additional insured on your policy, the
additional insured shall be required to
comply with the provisions in LOSS
CONDITIONS 2. - DUTIES IN THE
EVENT OF ACCIDENT, CLAIM , SUIT
OR LOSS – OF SECTION IV –
BUSINESS AUTO CONDITIONS, in the
same manner as the Named Insured.
E. Primary and Non-Contributory if
Required by Contract
Only with respect to insurance provided to
an additional insured in 1.D. - Additional
Insured If Required by Contract, the
following provisions apply:
(3) Primary Insurance When Required By
Contract
This insurance is primary if you have
agreed in a written contract or written
agreement that this insurance be
primary. If other insurance is also
primary, we will share with all that other
insurance by the method described in
Other Insurance 5.d.
(4) Primary And Non-Contributory To Other
Insurance When Required By Contract
If you have agreed in a written contract
or written agreement that this insurance
is primary and non-contributory with the
additional insured's own insurance, this
insurance is primary and we will not
seek contribution from that other
insurance.
Paragraphs (3)and (4)do not apply to other
insurance to which the additional insured
has been added as an additional insured.
When this insurance is excess, we will have no
duty to defend the insured against any "suit" if
any other insurer has a duty to defend the
insured against that "suit". If no other insurer
defends, we will undertake to do so, but we will
be entitled to the insured's rights against all
those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of the
amount of the loss, if any, that exceeds the sum
of:
(1) The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self-insured
amounts under all that other insurance.
We will share the remaining loss, if any, by the
method described in Other Insurance 5.d.
2. AUTOS RENTED BY EMPLOYEES
Any "auto" hired or rented by your "employee"
on your behalf and at your direction will be
considered an "auto" you hire.
The OTHER INSURANCE Condition is amended
by adding the following:
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If an "employee’s" personal insurance also
applies on an excess basis to a covered "auto"
hired or rented by your "employee" on your
behalf and at your direction, this insurance will
be primary to the "employee’s" personal
insurance.
3. AMENDED FELLOW EMPLOYEE EXCLUSION
EXCLUSION 5. - FELLOW EMPLOYEE - of
SECTION II - LIABILITY COVERAGE does not
apply if you have workers' compensation
insurance in-force covering all of your
"employees".
Coverage is excess over any other collectible
insurance.
4. HIRED AUTO PHYSICAL DAMAGE COVERAGE
If hired "autos" are covered "autos" for Liability
Coverage and if Comprehensive, Specified
Causes of Loss, or Collision coverages are
provided under this Coverage Form for any
"auto" you own, then the Physical Damage
Coverages provided are extended to "autos" you
hire or borrow, subject to the following limit.
The most we will pay for "loss" to any hired
"auto" is:
(1) $100,000;
(2) The actual cash value of the damaged or
stolen property at the time of the "loss"; or
(3) The cost of repairing or replacing the
damaged or stolen property,
whichever is smallest, minus a deductible. The
deductible will be equal to the largest deductible
applicable to any owned "auto" for that
coverage. No deductible applies to "loss" caused
by fire or lightning. Hired Auto Physical Damage
coverage is excess over any other collectible
insurance. Subject to the above limit, deductible
and excess provisions, we will provide coverage
equal to the broadest coverage applicable to any
covered "auto" you own.
We will also cover loss of use of the hired "auto"
if it results from an "accident", you are legally
liable and the lessor incurs an actual financial
loss, subject to a maximum of $1000 per
"accident".
This extension of coverage does not apply to
any "auto" you hire or borrow from any of your
"employees", partners (if you are a partnership),
members (if you are a limited liability company),
or members of their households.
5.PHYSICAL DAMAGE - ADDITIONAL
TEMPORARY TRANSPORTATION EXPENSE
COVERAGE
Paragraph A.4.a. of SECTION III - PHYSICAL
DAMAGE COVERAGE is amended to provide a
limit of $50 per day and a maximum limit of
$1,000.
6. LOAN/LEASE GAP COVERAGE
Under SECTION III - PHYSICAL DAMAGE
COVERAGE, in the event of a total "loss" to a
covered "auto", we will pay your additional legal
obligation for any difference between the actual
cash value of the "auto" at the time of the "loss"
and the "outstanding balance" of the loan/lease.
"Outstanding balance" means the amount you
owe on the loan/lease at the time of "loss" less
any amounts representing taxes; overdue
payments; penalties, interest or charges
resulting from overdue payments; additional
mileage charges; excess wear and tear charges;
lease termination fees; security deposits not
returned by the lessor; costs for extended
warranties, credit life Insurance, health, accident
or disability insurance purchased with the loan or
lease; and carry-over balances from previous
loans or leases.
7. AIRBAG COVERAGE
Under Paragraph B. EXCLUSIONS - of
SECTION III - PHYSICAL DAMAGE
COVERAGE, the following is added:
The exclusion relating to mechanical breakdown
does not apply to the accidental discharge of an
airbag.
8. ELECTRONIC EQUIPMENT - BROADENED
COVERAGE
a. The exceptions to Paragraphs B.4 -
EXCLUSIONS - of SECTION III - PHYSICAL
DAMAGE COVERAGE are replaced by the
following:
Exclusions 4.c.and 4.d.do not apply to
equipment designed to be operated solely
by use of the power from the "auto's"
electrical system that, at the time of "loss",
is:
(1) Permanently installed in or upon
the covered "auto";
(2) Removable from a housing unit
which is permanently installed in
or upon the covered "auto";
(3) An integral part of the same unit
housing any electronic
equipment described in
Paragraphs (1) and (2) above; or
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(4) Necessary for the normal
operation of the covered "auto" or
the monitoring of the covered
"auto's" operating system.
b.Section III – Version CA 00 01 03 10 of the
Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C.2 and Version CA 00 01 10 01 of
the Business Auto Coverage Form, Physical
Damage Coverage, Limit of Insurance,
Paragraph C are each amended to add the
following:
$1,500 is the most we will pay for "loss" in
any one "accident" to all electronic
equipment (other than equipment designed
solely for the reproduction of sound, and
accessories used with such equipment)
that reproduces, receives or transmits
audio, visual or data signals which, at the
time of "loss", is:
(1) Permanently installed in or upon
the covered "auto" in a housing,
opening or other location that is not
normally used by the "auto"
manufacturer for the installation of
such equipment;
(2) Removable from a permanently
installed housing unit as described
in Paragraph 2.a. above or is an
integral part of that equipment; or
(3) An integral part of such equipment.
c.For each covered "auto", should loss be limited
to electronic equipment only, our obligation to
pay for, repair, return or replace damaged or
stolen electronic equipment will be reduced by
the applicable deductible shown in the
Declarations, or $250, whichever deductible is
less.
9. EXTRA EXPENSE - BROADENED
COVERAGE
Under Paragraph A. - COVERAGE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, we will
pay for the expense of returning a stolen covered
"auto" to you.
10. GLASS REPAIR - WAIVER OF DEDUCTIBLE
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
No deductible applies to glass damage if the
glass is repaired rather than replaced.
11. TWO OR MORE DEDUCTIBLES
Under Paragraph D. - DEDUCTIBLE - of SECTION
III - PHYSICAL DAMAGE COVERAGE, the
following is added:
If another Hartford Financial Services Group,
Inc. company policy or coverage form that is not
an automobile policy or coverage form applies to
the same "accident", the following applies:
(1) If the deductible under this Business Auto
Coverage Form is the smaller (or smallest)
deductible, it will be waived;
(2) If the deductible under this Business Auto
Coverage Form is not the smaller (or
smallest) deductible, it will be reduced by
the amount of the smaller (or smallest)
deductible.
12. AMENDED DUTIES IN THE EVENT OF
ACCIDENT, CLAIM, SUIT OR LOSS
The requirement in LOSS CONDITIONS 2.a. -
DUTIES IN THE EVENT OF ACCIDENT,CLAIM,
SUIT OR LOSS - of SECTION IV - BUSINESS
AUTO CONDITIONS that you must notify us of
an "accident" applies only when the "accident" is
known to:
(1) You, if you are an individual;
(2) A partner, if you are a partnership;
(3) A member, if you are a limited liability
company; or
(4) An executive officer or insurance manager, if
you are a corporation.
13. UNINTENTIONAL FAILURE TO DISCLOSE
HAZARDS
If you unintentionally fail to disclose any hazards
existing at the inception date of your policy, we
will not deny coverage under this Coverage
Form because of such failure.
14. HIRED AUTO - COVERAGE TERRITORY
Paragraph e. of GENERAL CONDITIONS 7. -
POLICY PERIOD, COVERAGE TERRITORY -
of SECTION IV - BUSINESS AUTO
CONDITIONS is replaced by the following:
e. For short-term hired "autos", the coverage
territory with respect to Liability Coverage is
anywhere in the world provided that if the
"insured's" responsibility to pay damages for
"bodily injury" or "property damage" is
determined in a "suit," the "suit" is brought in
the United States of America, the territories
and possessions of the United States of
America, Puerto Rico or Canada or in a
settlement we agree to.
15. WAIVER OF SUBROGATION
TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US - of SECTION IV -
BUSINESS AUTO CONDITIONS is amended by
adding the following:
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We waive any right of recovery we may have
against any person or organization with whom
you have a written contract that requires such
waiver because of payments we make for
damages under this Coverage Form.
16. RESULTANT MENTAL ANGUISH COVERAGE
The definition of "bodily injury" in SECTION V-
DEFINITIONS is replaced by the following:
"Bodily injury" means bodily injury, sickness or
disease sustained by any person, including
mental anguish or death resulting from any of
these.
17. EXTENDED CANCELLATION CONDITION
Paragraph 2. of the COMMON POLICY
CONDITIONS - CANCELLATION - applies
except as follows:
If we cancel for any reason other than
nonpayment of premium, we will mail or deliver
to the first Named Insured written notice of
cancellation at least 60 days before the effective
date of cancellation.
18. HYBRID, ELECTRIC, OR NATURAL GAS
VEHICLE PAYMENT COVERAGE
In the event of a total loss to a "non-hybrid" auto
for which Comprehensive, Specified Causes of
Loss, or Collision coverages are provided under
this Coverage Form, then such Physical
Damage Coverages are amended as follows:
a.If the auto is replaced with a "hybrid" auto or
an auto powered solely by electricity or natural
gas, we will pay an additional 10%, to a
maximum of $2,500, of the "non-hybrid" auto’s
actual cash value or replacement cost,
whichever is less,
b.The auto must be replaced and a copy of a bill
of sale or new lease agreement received by us
within 60 calendar days of the date of "loss,"
c.Regardless of the number of autos deemed a
total loss, the most we will pay under this
Hybrid, Electric, or Natural Gas Vehicle
Payment Coverage provision for any one
"loss" is $10,000.
For the purposes of the coverage provision,
a.A "non-hybrid" auto is defined as an auto that
uses only an internal combustion engine to
move the auto but does not include autos
powered solely by electricity or natural gas.
b.A "hybrid" auto is defined as an auto with an
internal combustion engine and one or more
electric motors; and that uses the internal
combustion engine and one or more electric
motors to move the auto, or the internal
combustion engine to charge one or more
electric motors, which move the auto.
19. VEHICLE WRAP COVERAGE
In the event of a total loss to an "auto" for which
Comprehensive, Specified Causes of Loss, or
Collision coverages are provided under this
Coverage Form, then such Physical Damage
Coverages are amended to add the following:
In addition to the actual cash value of the "auto",
we will pay up to $1,000 for vinyl vehicle wraps
which are displayed on the covered "auto" at the
time of total loss. Regardless of the number of
autos deemed a total loss, the most we will pay
under this Vehicle Wrap Coverage provision for
any one "loss" is $5,000. For purposes of this
coverage provision, signs or other graphics
painted or magnetically affixed to the vehicle are
not considered vehicle wraps.
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(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
(7) When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.
However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non-Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.
Paragraphs (a)and (b)do not apply to
other insurance to which the additional
insured has been added as an
additional insured.
When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.
When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1)The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2)The total of all deductible and self-
insured amounts under all that other
insurance.
We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.
If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurer’s share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.
8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.
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F. OPTIONAL ADDITIONAL INSURED
COVERAGES
If listed or shown as applicable in the Declarations,
one or more of the following Optional Additional
Insured Coverages also apply. When any of these
Optional Additional Insured Coverages apply,
Paragraph 6.(Additional Insureds When Required
by Written Contract, Written Agreement or Permit)
of Section C., Who Is An Insured, does not apply
to the person or organization shown in the
Declarations. These coverages are subject to the
terms and conditions applicable to Business
Liability Coverage in this policy, except as
provided below:
1. Additional Insured - Designated Person Or
Organization
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations, but only with respect to liability
for "bodily injury", "property damage" or
"personal and advertising injury" caused, in
whole or in part, by your acts or omissions or
the acts or omissions of those acting on your
behalf:
a.In the performance of your ongoing
operations; or
b.In connection with your premises owned
by or rented to you.
2. Additional Insured - Managers Or Lessors
Of Premises
a.WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Designated Person Or Organization; but only
with respect to liability arising out of the
ownership, maintenance or use of that part of
the premises leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1)Any "occurrence" which takes place
after you cease to be a tenant in that
premises; or
(2)Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
3. Additional Insured - Grantor Of Franchise
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured -
Grantor Of Franchise, but only with respect to
their liability as grantor of franchise to you.
4. Additional Insured - Lessor Of Leased
Equipment
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Lessor of Leased Equipment,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s).
b.With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to any "occurrence" which
takes place after you cease to lease that
equipment.
5. Additional Insured - Owners Or Other
Interests From Whom Land Has Been
Leased
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owners Or Other Interests From
Whom Land Has Been Leased, but only
with respect to liability arising out of the
ownership, maintenance or use of that part
of the land leased to you and shown in the
Declarations.
b.With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1)Any "occurrence" that takes place
after you cease to lease that land; or
(2)Structural alterations, new
construction or demolition operations
performed by or on behalf of such
person or organization.
6. Additional Insured - State Or Political
Subdivision – Permits
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the state or political subdivision
shown in the Declarations as an Additional
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Insured – State Or Political Subdivision -
Permits, but only with respect to
operations performed by you or on your
behalf for which the state or political
subdivision has issued a permit.
b.With respect to the insurance afforded to
these additional insureds, the following
additional exclusions apply:
This insurance does not apply to:
(1)"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of operations performed for
the state or municipality; or
(2)"Bodily injury" or "property damage"
included in the "product-completed
operations" hazard.
7. Additional Insured – Vendors
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
(referred to below as vendor) shown in the
Declarations as an Additional Insured -
Vendor, but only with respect to "bodily
injury" or "property damage" arising out of
"your products" which are distributed or
sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products-completed operations hazard".
b.The insurance afforded to the vendor is
subject to the following additional exclusions:
(1)This insurance does not apply to:
(a)"Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.
This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b)Any express warranty
unauthorized by you;
(c)Any physical or chemical change
in the product made intentionally
by the vendor;
(d)Repackaging, unless unpacked
solely for the purpose of inspection,
demonstration, testing, or the
substitution of parts under
instructions from the manufacturer,
and then repackaged in the original
container;
(e)Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has agreed
to make or normally undertakes to
make in the usual course of
business, in connection with the
distribution or sale of the products;
(f)Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
(g)Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h)"Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(i)The exceptions contained in
Subparagraphs (d)or (f); or
(ii)Such inspections,
adjustments, tests or servicing
as the vendor has agreed to
make or normally undertakes
to make in the usual course of
business, in connection with
the distribution or sale of the
products.
(2)This insurance does not apply to any
insured person or organization from
whom you have acquired such
products, or any ingredient, part or
container, entering into,
accompanying or containing such
products.
8. Additional Insured – Controlling Interest
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or organization(s) shown in the
Declarations as an Additional Insured –
Controlling Interest, but only with respect to
their liability arising out of:
a.Their financial control of you; or
b.Premises they own, maintain or control
while you lease or occupy these premises.
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This insurance does not apply to structural
alterations, new construction and demolition
operations performed by or for that person or
organization.
9. Additional Insured – Owners, Lessees Or
Contractors – Scheduled Person Or
Organization
a.WHO IS AN INSURED under Section C.is
amended to include as an additional
insured the person(s) or organization(s)
shown in the Declarations as an Additional
Insured – Owner, Lessees Or Contractors,
but only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole or
in part, by your acts or omissions or the
acts or omissions of those acting on your
behalf:
(1)In the performance of your ongoing
operations for the additional
insured(s); or
(2)In connection with "your work"
performed for that additional insured
and included within the "products-
completed operations hazard", but
only if this Coverage Part provides
coverage for "bodily injury" or
"property damage" included within the
"products-completed operations
hazard".
b.With respect to the insurance afforded to
these additional insureds, this insurance
does not apply to "bodily injury", "property
damage" or "personal an 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 failure to
prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders, designs or
drawings and specifications; or
(2)Supervisory, inspection, architectural
or engineering activities.
10. Additional Insured – Co-Owner Of Insured
Premises
WHO IS AN INSURED under Section C.is
amended to include as an additional insured
the person(s) or Organization(s) shown in the
Declarations as an Additional Insured – Co-
Owner Of Insured Premises, but only with
respect to their liability as co-owner of the
premises shown in the Declarations.
The limits of insurance that apply to additional
insureds are described in Section D.– Limits Of
Insurance.
How this insurance applies when other insurance
is available to an additional insured is described in
the Other Insurance Condition in Section E.–
Liability And Medical Expenses General
Conditions.
G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS
1."Advertisement" means the widespread public
dissemination of information or images that
has the purpose of inducing the sale of goods,
products or services through:
a. (1)Radio;
(2)Television;
(3)Billboard;
(4)Magazine;
(5)Newspaper;
b.The Internet, but only that part of a web
site that is about goods, products or
services for the purposes of inducing the
sale of goods, products or services; or
c.Any other publication that is given
widespread public distribution.
However, "advertisement" does not include:
a.The design, printed material, information
or images contained in, on or upon the
packaging or labeling of any goods or
products; or
b.An interactive conversation between or
among persons through a computer network.
2."Advertising idea" means any idea for an
"advertisement".
3."Asbestos hazard" means an exposure or
threat of exposure to the actual or alleged
properties of asbestos and includes the mere
presence of asbestos in any form.
4."Auto" means a land motor vehicle, trailer or
semi-trailer designed for travel on public
roads, including any attached machinery or
equipment. But "auto" does not include
"mobile equipment".
5."Bodily injury" means physical:
a.Injury;
b.Sickness; or
c.Disease
sustained by a person and, if arising out of the
above, mental anguish or death at any time.
6."Coverage territory" means:
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a.The United States of America (including its
territories and possessions), Puerto Rico
and Canada;
b.International waters or airspace, but only if
the injury or damage occurs in the course
of travel or transportation between any
places included in a.above;
c.All other parts of the world if the injury or
damage arises out of:
(1)Goods or products made or sold by you
in the territory described in a.above;
(2)The activities of a person whose home
is in the territory described in a.
above, but is away for a short time on
your business; or
(3)"Personal and advertising injury"
offenses that take place through the
Internet or similar electronic means of
communication
provided the insured's responsibility to pay
damages is determined in the United States of
America (including its territories and
possessions), Puerto Rico or Canada, in a
"suit" on the merits according to the
substantive law in such territory, or in a
settlement we agree to.
7."Electronic data" means information, facts or
programs:
a.Stored as or on;
b.Created or used on; or
c.Transmitted to or from
computer software, including systems and
applications software, hard or floppy disks,
CD-ROMS, tapes, drives, cells, data
processing devices or any other media which
are used with electronically controlled
equipment.
8."Employee" includes a "leased worker".
"Employee" does not include a "temporary
worker".
9."Executive officer" means a person holding
any of the officer positions created by your
charter, constitution, by-laws or any other
similar governing document.
10."Hostile fire" means one which becomes
uncontrollable or breaks out from where it was
intended to be.
11."Impaired property" means tangible property,
other than "your product" or "your work", that
cannot be used or is less useful because:
a.It incorporates "your product" or "your work"
that is known or thought to be defective,
deficient, inadequate or dangerous; or
b.You have failed to fulfill the terms of a
contract or agreement;
if such property can be restored to use by:
a.The repair, replacement, adjustment or
removal of "your product" or "your work";
or
b.Your fulfilling the terms of the contract or
agreement.
12."Insured contract" means:
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 or explosion to premises while
rented to you or temporarily occupied by
you with permission of the owner is
subject to the Damage To Premises
Rented To You limit described in Section
D.– Liability and Medical Expenses Limits
of Insurance.
b.A sidetrack agreement;
c.Any easement or license agreement,
including an easement or license
agreement in connection with construction
or demolition operations on or within 50
feet of a railroad;
d.Any obligation, as required by ordinance,
to indemnify a municipality, except in
connection with work for a municipality;
e.An elevator maintenance agreement; or
f.That part of any other contract or
agreement pertaining to your business
(including an indemnification of a
municipality in connection with work
performed for a municipality) under which
you assume the tort liability of another
party to pay for "bodily injury" or "property
damage" to a third person or organization,
provided the "bodily injury" or "property
damage" is caused, in whole or in part, by
you or by those acting on your behalf.
Tort liability means a liability that would be
imposed by law in the absence of any
contract or agreement.
Paragraph f.includes that part of any
contract or agreement that indemnifies a
railroad for "bodily injury" or "property
damage" arising out of construction or
demolition operations within 50 feet of any
railroad property and affecting any railroad
bridge or trestle, tracks, road-beds, tunnel,
underpass or crossing.
However, Paragraph f.does not include
that part of any contract or agreement:
57SBABN2072
THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.
Process Date:12/22/20 Policy Expiration Date:12/22/21
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Policy Number:57 WEC AJ5C4K Endorsement Number:
Effective Date:12/22/20 Effective hour is the same as stated on the Information Page of the policy.
Named Insured and Address:Raney Planning & Management Inc.
1501 SPORTS DR
SACRAMENTO CA 95834
We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our
right against the person or organization named in the Schedule.(This agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work
described in the Schedule.
The additional premium for this endorsement shall be 2 %of the California workers'compensation premium otherwise due
on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from
us
