13-145 David J. Powers & Associates Inc., Consultant Services for Tree Protection Ordinance Revisions OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO,CA 95044-3256
TELEPHONE:(408)777-3223•FAX: (408)777-3366
C U P E RT I N O WEBSITE:www.cupertino.org
December 1, 2014
David J. Powers &Associates
1871 The Alameda, Suite 200
San Jose, CA 95126
Re: First Amendment to Agreement for consultant services.
A fully executed copy of the agreement for consultant services with the City of
Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Department at (408) 777-3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Community Development
ti
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND DAVID J POWERS &ASSOCIATES FOR CONSULTANT SERVICES FPR
TREE PROTECTION ORDINANCE REVISIONS
This First Amendment to the Agreement, for reference dated November
1301, 2014,between CITY OF CUPERTINO, a municipal corporation, (hereinafter
"CITY"), and David J. Powers &Associates, a California corporation, (hereinafter
"CONTRACTOR"),whose address is 1871 The Alameda, Suite 200, San Tose,
California 95126, and is made with reference to the following:
RECITALS:
A. On August 23rd,2013, an agreement was entered into by and
between City and Contractor (hereinafter"AGREEMENT").
B. City and Contractor desire to modify the Agreement ori the terms
and conditions set forth herein.
NOW,THEREFORE, it is mutually agreed by and between and
undersigned parties as follow:
1. TERM:
The term section of the Agreement is modified to read as follows:
The services and/or materials furnished under this Agreement shall commence
on August 23, 2013 and shall be completed before June 30, 2015,or as extended
by agreement. -
2. SERVICES TO BE PERFORMED:
Consultant shall perform additional consultation services set forth in
Exhibit"A",which is attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
The Compensation section of the Agreement shall be increased by this
amendment in the amount not to exceed$6,600, for a total contract amount not to
exceed$39,895.00. Payment shall be made by checks drawn on the treasure of the
City,to be taken from the 110-7302-9329 fund.
Except as expressly modified herein all other terms and covenants set
p P Y ,
forth in the Agreement shall remain the same and shall be in full force and effect.
r
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
David T. Powers &Assoc. A Municipal Corpor n
By N� /P,�� By
Title fr-e b d&,�- 46��9,�Asst Director, Community Development
Date Date
1PROVED AS TO FORM:
V ��arol Korade, City Attorney
A ST:
Grace Schmidt, City Clerk
Attachment
Exhibit A—Scope of Work
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
Original Contract: 110-7302-9329 $33,295
Amendment#1 $6,600 ✓ .
Total $39,895
PO # 00058222
AMENDMENT#1 TO SCOPE OF SERVICES
CITY OF CUPERTINO-PO#0058222 (DATED AUGUST 23,2013)
TREE PROTECTION ORDINANCE REVISIONS ENVIRONMENTAL REVIEW
September 11,2014
1.0 BACKGROUND AND PROJECT UNDERSTANDING
The City of Cupertino is considering revisions to the City's Tree Protection Ordinance(Chapter
14.18 in the Cupertino Municipal Code)that would modify the permitting process for Specimen
trees. The purpose of the changes is to provide a streamlined process for the removal and
replacement of Specimen trees up to 24 inches in diameter. The definition of Specimen trees would
continue to include native trees and two non-native cedar species,Blue Atlas Cedar(Cedrus atlantica
`Glauca) and Deodar Cedar(Cedrus deodara). One native tree, California Bay(Umbellularia
californica),would be removed from the list of native specimen trees and would be replaced by
London Plane(Platanus x acerfolia) and/or another comparable tree species.
Currently,the removal of Specimen trees over 10 inches in diameter on private property requires a
discretionary permit based upon completion of an arborists report and findings. Under the proposed
revisions, Specimen-species trees less than 12 inches in diameter could be removed without a permit
or replacement. Specimen trees 12-24 inches in diameter could be removed under a ministerial(non-
discretionary)permit,with no arborist report, if replaced on-site with trees from an approved list or
payment of an in-lieu fee. The in-lieu fee would be increased to incentivize replacement planting. A
maximum number of Specimen trees,two trees or two percent of the total Specimen trees on a
property(whichever is less), could be removed under a ministerial permit in any one year. The
.removal of Specimen trees greater than 24 inches in diameter would still require a discretionary
permit and preparation of an arborists report and findings prior to issuance of a tree removal permit
and tree replacement. The permitting process for the other protected trees (e.g.,Heritage trees,trees
in planned developments, and privacy protection plantings)would not be changed.Replacement trees
under all permits would not need to be recorded on the property.
The City of Cupertino previously authorized David J.Powers&Associates (DJP&A)$ 33,295 to
complete an Initial Study to address revisions to the Protected Tree Ordinance. Approximately 53
percent of this budget has been used for coordination with City staff on various options for the
Specimen tree category or research and preparation of an Administrative Draft Initial Study for one
of the alternative scenarios (previously presented to the Planning Commission and at a Community
Meeting). Under this Amendment,the Administrative Draft Initial Study would be revised and
updated to reflect direction provided by the City Council on July 7, 2014. The previous research and
discussions would be used to the extent feasible. Additional budget to prepare the Initial Study and
an updated assessment of past Specimen tree removals in the 10-24 inch diameter range is requested.
The updated assessment could also include incorporation of additional tree removal permit data for
the period of September 2013—July 2014, if provided by City staff.
DJP&A will prepare a draft Notice of Intent to adopt a Negative Declaration for this City's use. This
scope does not include DJP&A posting notices, filing with the County Clerk or payment of any filing
fees.
Page 1 of 3
2.0 BUDGET REVISION
DJP&A requests a modification to our agreement to cover additional services and in-house staff time
required to complete a reevaluation of tree removal permit data, consideration of removal of
California Bay trees from the Specimen tree list and other aspects of the proposed Ordinance,
revision of the Administrative Draft Initial Study and completion of the environmental review
process. The reevaluation of tree permit data would include breakdowns for Specimen trees 10-11
inches in diameter,trees 12-24 inches in diameter,and California bay trees removed from residential
zones. The total cost of the additional work would be a not-to-exceed amount of$ 6,600 to be-billed
on a time and materials basis. This equates to a total revised project budget of$ 39,895. A
breakdown is provided below.
COST ESTIMATE
Tasks Estimated Cost
Proposed Additional Services—DJP&A
• Retabulation of tree permit data based on proposed Ordinance revisions,revision $6,600
of the project description and environmental analysis,site visit/photos,additional
coordination time for 2014.(assumes 28 Principal Project Manager hours and 4
Assistant Project Manager hours)
Existing Contract Amount $33,2 5
Total Budget with Budget Amendment $39,895
3.0 SCHEDULE
DJP&A proposes the following optimum schedule for preparation of the IS. DJP&A can commit to
maintaining the schedule in the areas that are within our control. Based on this schedule the
environmental review process will take an additional 13 weeks from authorization of this
amendment.
Protected Tree Ordinance Initial Study
Optimal IS Schedule
Task Timeframe Completion Date
Receipt of Authorization to Proceed,Project Info. ---
Prepare and submit Administrative Draft IS to City 1 week 9/23/14
Review of Administrative Draft IS by City Staff 1 week 9/30/14
Revise IS,Prepare Screenoheck IS 3 days 10/6/14
Review of Screencheck IS by City Staff 3 days 10/10/14
Revise Screencheck/Prepare IS for circulation 3 days 10/15/14
Draft IS 20-day circulation period(begins 10/16) 20 days 11/4/14
Public Hearings TBD
This scope of work assumes that there would be no issues arising that would require any additional
technical analysis or documentation other than what is outlined in the attached scope of work. In the
event that additional analysis is required,it could complete that on a time and materials basis upon
authorization.
Page 2 of 3
4.0 INFORMATION TO BE PROVIDED BY THE CITY OF CUPERTINO
• Proposed Ordinance Revision Language(draft required by 9/19/14)
• (Summary)of Permit Information for September 2013-July 2014(e.g.,File Number,
Address, Species, and Size of Trees to be Removed)
Page 3 of 3
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
CUPERTINO
September 17, 2013
David J. Powers & Associates, Inc.
1871 The Alameda, Suite 200
San Jose, CA 95126
Re: Agreement
Enclosed is a fully executed original copy of your agreement with the City of Cupertino
If you have any questions or need additional information, please contact the Planning
Department at (408) 777 -3308.
Sincerely,
0"4 `
Dorothy Steenfott
Senior Office Assistant
Enclosure
cc: Planning
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND David I. Powers
r.r%n FnR TRF.F PROTECTION ORDINANCE
/f I b) 7 REVISIONS pe4�7�TD -)
THIS G for reference dated August 23, 2013, is by and
between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to
as "City "), and David J. Powers & Associates, Inc (California corporation) whose
address is 1871 The Alameda Suite 200, S2Ln Lose, CA 95126 (herein after referred
to as "Consultant "), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement
on the terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for services
upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. TERM:
The term of this Agreement shall commence on August 23, 2013, and shall
terminate on June 30, 2014, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A"
which is attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount not to exceed 33 295 which is included in Exhibit A
and incorporated herein by this reference. Payment shall be made by checks
drawn on the treasury of the City, to be taken from the 110 - 7302 -9329 fund.
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
5. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by
this Agreement is that of employer - independent contractor. The manner and
means of conducting the work are under the control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired
by virtue of Consultant's services. None of the benefits provided by City to its
employees, including but not limited to, unemployment insurance, workers'
compensation plans, vacation and sick leave are available from City to
Consultant, its employees or agents. Deductions shall not be made for any state
or federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer - employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
7. IMMIGRATION REFORM AND CONTROL ACT CIRCA):
Consultant assumes any and all -responsibility for verifying the identity
and employment authorization of all of his/her employees performing work
hereunder, pursuant to all applicable IR.CA or other federal, or state rules and
regulations. Consultant shall indemnify and hold City harmless from and
against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
8. NON - DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer /employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,
religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a
material breach of this Agreement.
9. HOLD HARMLESS:
Indemnification:
Consultant shall, to the fullest extent allowed by law, with respect to all
services performed in connection with the Agreement, indemnify, defend, and
hold harmless the City and its officers, officials, agents, employees and
volunteers from and against any and all liability, claims, actions, causes of action
or demands whatsoever against any of them, including any injury to or death of
any person or damage to property or other liability of any nature, whether
physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the negligent performance of this Agreement by Consultant or
Consultant's employees, officers, officials, agents or independent contractors.
Such costs and expenses shall include reasonable attorneys' fees of counsel of
City's choice, expert fees and all other costs and fees of litigation.
10. INSURANCE:
On or before the commencement of the term of this Agreement,
Consultant shall furnish City with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 10A, B, C, D and E. Such certificates, which do
not limit Consultant's indemnification, shall also contain substantially the
following statement: "Should any of i:he above insurance covered by this
certificate be canceled or coverage reduced before the expiration date thereof, the
insurer affording coverage shall provide thirty (30) days' advance written notice
to the City of Cupertino by certified mail, Attention: City Manager." It is agreed
that Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement
with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following
minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate
limits in the amounts of $1,000,000 will be considered
equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the
following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for
the professional acts, errors and omissions of Consultant in
the amount of at least $1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for
which he /she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his /her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance
coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to
which such additional insured would be entitled under this policy if not named
as such additional insured. An additional insured named herein shall not be
held liable for any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything toward any loss
or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
11. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to
perform the services required by this Agreement. Consultant may be required to
fill out a conflict of interest form if the services provided under this Agreement
require Consultant to make certain governmental decisions or serve in a staff
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
12. PROHIBITION AGAINST TRANSFERS:
Consultant 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 without
said consent shall be null and void, and any assignee, sublessee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner
or joint venturer or syndicate member or cotenant, if Consultant is a partnership
or joint venture or syndicate or cotenancy, which shall result in changing the
control of Consultant, shall be construed as an assignment of this Agreement.
Control means fifty percent (50 %) or more of the voting power of the
corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall
be used in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors
shall be required to furnish proof of workers' compensation insurance and shall
also be required to carry general, automobile and professional liability insurance
in reasonable conformity to the insurance carried by Consultant. In addition,
any work or services subcontracted hereunder shall be subject to each provision
of this Agreement.
14. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, certificates and licenses
including, but not limited to, a City Business License, that may be required in
connection with the performance of services hereunder.
15. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report ", reproduced, prepared
or caused to be prepared by Consultant pursuant to or in connection with this
Agreement, shall be the exclusive property of City. Consultant shall not
copyright any Report required by this Agreement and shall execute appropriate
documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this
Agreement shall become the property of City, and all publication rights are
reserved to City. Consultant may retain a copy of any report furnished to the
City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in
execution or implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and /or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may
require, furnish reports concerning the status of services required under this
Agreement.
D. All Reports required to be _provided by this Agreement shall be
printed on recycled paper. All Reports shall be copied on both sides of the paper
except for one original, which shall be single sided.
E. No Report, information or other data given to or prepared or
assembled by Consultant pursuant to this Agreement shall be made available to
any individual or organization by Consultant without prior approval by City.
16. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that
relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free
access to such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the SE-cond business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified,
addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Gary Chao, City Planner
All notices, demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
David 1. Powers & Associates, Inc
1871 The Alameda, Suite 200
San lose, CA 95126
18. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within the time specified after receipt by Consultant from City of written
notice of default, specifying the nature of such default and the steps necessary to
cure such default, City may terminate the Agreement forthwith by giving to the
Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,
rules and regulations enacted or issued by City.
20. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of
the State of California excepting any choice of law rules which may direct the
application of laws of another jurisdiction. The Agreement and obligations of the
parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those
authorities.)
Any suits brought pursuant to this Agreement shall be filed with the
courts of the County of Santa Clara, State of California.
21. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any
kind pertaining to the services performed under this Agreement unless prior
written approval has been secured from City to do otherwise.
22. WAIVER:
A waiver by City of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein, whether of
the same or a different character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between thE! parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both City and Consultant.
23. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the
EXHIBTT A
Scope of Services and Compensation
1. Scope of Services: Consultant shall prepare an environmental review and Initial Study
in accordance with the California Environmental Quality Act (CEQA) and City of
Cupertino requirements for the Tree Protection Ordinance Revision Project (the
"Project ").
2. Compensation:
City shall compensate Consultant for professional services in accordance with the terms
and conditions of this Agreement based on the rates and compensation schedule set
forth below. Compensation shall be calculated based on the hourly rates set forth below
up to the not to exceed budget amount set forth below.
The compensation to be paid to Consultant under this Agreement for all services
described Exhibit A and reimbursable expenses shall not exceed a total of Thirty Three
Thousand Two Hundred Ninety Five dollars ($33,295.00). Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum
amount of compensation set forth herein shall be at no cost to the City.
Rates:
Principal Project Manager: $225.00/hour, up to an equivalent of 120 hours
Assistant Project Manager: $115/hour, up to an equivalent of 24 hours
Graphic Artist: $90/hour, up to an equivalent of 25 hours
Title: Tree Protection Ordinance Revisions
Invoices
In order to request payment, Consultant shall submit monthly invoices to the CITY
describing the services performed and the applicable charges (including a summary of
work performed during that quarter, personnel who performed the services, hours
worked, task(s) for which work was performed).
Reimbursable Expenses
Reproduction and mileage are reimbursable expenses, not to exceed Two Thousand One
Hundred Thirty dollars ($2,130).
Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit
A only by advance written authorization from the City's Project Manager prior to
commencement of any additional services. Consultant shall submit, at the Project
Manager's request, a detailed written proposal including a description of the scope of
additional services, schedule, and proposed maximum compensation.
Agreement shall be deemed to be enacted herein, and the Agreement shall be
read and enforced as though each were included herein. If through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, the
Agreement shall be amended to make such insertion on application by either
party.
24. CAPTIONS:
The captions 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.
IN WITNESS WHEREOF, the partiE's have caused the Agreement to be
executed.
CONSULTANT
David T. Powers & Associates, Inc
By -d W,
Title P�e3t' e'�-I-
Date
EXPENDITURE DISTRIBUTION
CITY OF CUPERTINO
A Municipal Corporation
By Gary Chao `
Title City Planner
Date: August 23, 2013
APPROVED AS TO FORM:
By_
Carol Korade, City A orney
ATTEST:
-4 JJ1
Grace Schmidt, City Clerk_' �—(
ACCOUNT NUMBER
AMOUNT
110 - 7302 -9329
$33,295.00
PO # O�v S���olaZ
9- r-- �//V/// -.�
Exhibit A
SCOPE OF SERVICES RECEIVED
TREE PROTECTION ORDINANCE REVISIONS
ENVIRONMENTAL REVIEW AUG 12 2013
August 12, 2013
BY•
1.0 BACKGROUND AND PROJECT UNDERSTANDING
The City of Cupertino's Tree Protection Ordinance (Chapter 14.18 in the Cupertino Municipal Code)
contains regulations for the removal of protected trees within developed residential areas of the City.
Protected trees include: 1) identified Heritage Trees; 2) Specimen trees of native and landscape tree
species with a trunk diameter of 10 inches or more; 3) trees required to be planted or retained as part
of an approved development application or specific permits; 4) and approved privacy protection
plantings in R -1 (single - family) zoning districts.
The City of Cupertino is considering revisions to the City's Tree Protection Ordinance that would
modify the permitting process and tree replacement for developed residential uses that apply to
specific native and landscape tree species. Changes are anticipated to include: 1) modification of
the list of species considered to be specimen trees to reflect tree species native to Cupertino; and 2) a
streamlined process for the removal and replacement of "non- mature" specimen trees (less than 12
inches in diameter). The removal of "mature" trees (12 inches in diameter or greater) would still
require preparation of an arborists report and findings prior to issuance of a tree removal permit and
tree replacement. The permitting process for the other protected trees (e.g., Heritage trees, trees in
planned developments, and privacy protection plantings) and for a tree management plan for larger
plantings (as described in the Ordinance) would not be changed.
The overall intent of the modified ordinance is to maintain the City's native tree canopy.
2.0 SCOPE OF WORK
This scope of work is based upon information provided by the City Cupertino and previous
experience with environmental review for new ordinances and /or amending existing ordinances.
DJP &A will prepare an Initial Study (IS) in accordance with the California Environmental Quality
Act (CEQA) and City of Cupertino requirements. The IS will provide an objective determination of
the environmental impacts resulting from implementation of the project, assuming adoption of the
proposed ordinance by the City of Cupertino.
Based upon the information provided, it is anticipated that the project would be eligible for a
Negative Declaration (ND), assuming no significant environmental impacts are identified by the IS
that cannot be mitigated to a less than significant level by measures included in the ordinance. If it is
determined that the project would result in significant unavoidable impacts or a "fair- argument"
challenge is made by opponents of the revisions, and -in EIR is required, DJP &A could revise this
scope of services to cover preparation of an EIR.
Page 1 of 5
2.1 Preparation WAdministrative Draft Initial Study
Project Description
The project description will discuss the basic provisions and objectives of the proposed ordinance
revisions. Photographs may be used to illustrate, information on tree size.
Environmental Setting, Impacts, and Mitigation Measures
The IS will include an environmental checklist, consistent with the CEQA Guidelines and City of
Cupertino requirements, which will be used to identify significant impacts that could result from
implementation of the proposed ordinance. For each subject area in the environmental checklist, the
IS will include an overview of the environmental setting. The IS will address in more detail all
issues identified as having other than "No Impact" on the checklist. Appropriate mitigation measures
(e.g., project - specific measures and conformance with applicable ordinances and policies and local,
State and Federal laws and regulations or measures included in the ordinance) will be identified for
any anticipated significant impacts. The IS will contain maps, photographs, tables, and other
graphics to illustrate and summarize information presented in the IS.
An introduction to this section will describe the environmental baseline for the analysis. Information
on the rates and types of tree removal will be used to assess the environmental effects of the
proposed ordinance revisions. This discussion will be based upon tree removal permit information
provided by the City of Cupertino for the last 3 -5 years for tree size, tree species, and reason for
removal. Initial information for the period 2009 -2012 shows about 400 protected tree removals per
year Citywide.
It is anticipated that the key environmental issues discussed in the Initial Study will be in the areas of
aesthetics, biological resources, greenhouse gas emissions and mandatory finding of significance
(cumulative impacts). A detailed description of these issues follows.
Aesthetics
One of the stated purposes of the existing ordinance is to maintain aesthetic and scenic values within
the City. The IS will describe native tree resources in the City and the potential for the ordinance
revisions to substantially affect scenic views and/or the visual environment. Mitigation measures
will be identified, as appropriate.
Biological Resources
This section of the IS will describe the existing biological setting in Cupertino based upon available
information in the Cupertino General Plan. Impacts of project implementation on natural
communities and wildlife habitat will be addressed based upon existing information. Mitigation
measures will be identified, as appropriate.
Page 2 of 5
Greenhouse Gas Emissions
Maintaining and increasing urban forest plantings has been identified by the California Air Resources
Board, U.S. Forest Service, and other organizations as one strategy for reducing the impacts of
greenhouse gas emissions in individual communities and statewide. Tree removal and the role of
replacement plantings in implementation of greenhouse gas emission strategies will be discussed
qualitatively based upon information in the Climate Change Scoping Plan and urban forest protocols
for greenhouse gases. Given the limited number of trees that would be affected by the ordinance
Citywide, a quantitative evaluation of changes in greenhouse gas emission rates or sequestration is
not included in this scope of work.
Mandatory Findings of Significance (including Cumulative Impacts)
This section will address mandatory findings of significance in the environmental checklist.
Cumulative effects that are foreseeable from the adoption and implementation of other projects and
programs in Cupertino and adjacent communities (thee impacts are local or regional, with exception
of GHG) will be briefly described.
Other Impacts
In addition to the issues described above, DJP &A will address the potential for the project to result in
other environmental effects. Other issues from the environmental checklist included in the IS will be
agriculture and forest resources, air quality, geology and soils, hydrology and water quality, land use,
mineral resources, noise, population and housing, public services, recreation, and utility and service
systems.
2.2 Submittal of the Draft IS
Upon completion of the Administrative Draft IS, DJP&A will submit an electronic copy and up to
five (5) printed copies of the Administrative Draft IS to the City of Cupertino for their review and
comment.
DJP &A will revise the Administrative Draft IS based on comments received from City staff. After
revision, an electronic screen check version of the document will be sent to the City for final
approval. Once final approval is received, the document will constitute the IS and a maximum of 40
bound print copies, five (5) CD (electronic) copies in (PDF), and an electronic copy suitable for web
posting will be reproduced.
2.3 Assistance with Responses to Comments on the IS
DJP &A will address comments received by the City within the 20 -day review period. DJP &A has
budgeted eight (8) hours to prepare responses to comments. In the event that substantial comments
or objections to the IS are received by the City, DJP &A will provide assistance to defend the IS/ND
on a time and materials basis as an extra work item, upon authorization.
Page 3 oi' 5
2.4 Mitigation Monitoring and Reporting Program
DJP &A will prepare a draft Mitigation Monitoring and Reporting Program (MMRP) prior to
approval of the ND, if monitoring or reporting of mitigation measures would be required as part of
implementation of the proposed ordinance. The MMRP will summarize the mitigation measures
identified for all significant impacts, and will list the responsible implementation agency, the
monitoring phase, and the enforcement or monitoring agency. The draft MMRP, if required, will be
submitted for review and comment to City of Cupertino staff.
2.5 Meetings and Coordination
This scope of work includes attendance at one (1) meeting during preparation of the IS and two (2)
public hearings. As necessary, we will provide additional coordination time throughout the project
schedule to keep the City updated on the progress of the environmental analysis.
3.0 BUDGET
We estimate the total cost to prepare the Initial Study will not exceed $33,295 on a time -and-
materials basis. If we do not need all the time that has been budgeted, DJP &A will only bill for the
time actually spent completing the work. Payment will be due and payable on a monthly basis. A
breakdown of our cost estimates are provided below.
COST ESTIMATE
Tree Protection Ordinance Revisions
David J. Powers & Associates Costs to Prepare Initial Study
In -house Staff Time, including 16 hours for meetings or $31,165
hearings (up to an equivalent of 120 hours of
Principal Project Manager time, 24 hours
Assistant Project Manager time, and 25 hours
Graphic Artist time)
Reproduction & Mileage'
Expenses $2,130
Total Estimated Budget 1 $33,295
Expenses include a 15% Administration Fee
If we begin preparation and analytic work and the project changes in ways that require revision of
work already complete, we will need to revise our scope and cost estimate accordingly. It is also
assumed that no new issues will arise that require supplemental technical analysis or documentation.
Page 4 of 5
4.0 SCHEDULE
DJP &A proposes the following optimum schedule for preparation of the IS. DJP &A can commit to
maintaining the schedule in the areas that are within our control. Based on this schedule, the
environmental review process will take approximatel}, 13 weeks.
Protected Tree Ordinance Revisions
Optimal IS Schedule
Task
Completed at the
end of week
Receipt of Authorization to Proceed, Project Information
---
Preparation and submittal of the Administrative Draft IS to City
Review of Administrative Draft IS by City Staff (2 weeks)
4
6
Revise IS, Prepare Screencheck IS (2 weeks)
8
Review of Screencheck IS by City Staff (1 weeks)
9
Revise Screencheck/Prepare IS for circulation (1 week)
10
Draft IS 20 -day circulation period
Preparation of responses to comments received on the IS/Public Hearings
13
TBD
This scope of work assumes that there would be no issues arising that would require any additional
technical analysis or documentation other than what is outlined in the attached scope of work. In the
event that additional analysis is required, it could complete that on a time and materials basis upon
authorization.
5.0 INFORMATION TO BE PROVIDED BY THE CITY OF CUPERTINO
Proposed Ordinance Revision Language
(Summary) of Permit Information for 2008 -2.013
• Number of applications
• Number, Species, and Size of Trees to be Removed
o Reasons for Removal
Assistance with determining environmental baseline for trees potentially affected by the
ordinance (and other information on Urban Tree Resources in Cupertino, as appropriate)
Page 5 of 5
t� La Q
& ASSOCIATES. INC.
CHARGE RATE SCHEDULE!
SENIOR PRINCIPAL $ 255.00 PER HOUR
PRINCIPAL PROJECT MANAGER $ 225.00 PER HOUR
SENIOR ENVIRONMENTAL SPECIALIST $ 200.00 PER HOUR
SENIOR PROJECT MANAGER $ 180.00 PER HOUR
ENVIRONMENTAL SPECIALIST $ 165.00 PER HOUR
PROJECT MANAGER $ 155.00 PER HOUR
ASSOCIATE PROJECT MANAGER $ 140.00 PER HOUR
ASSISTANT PROJECT MANAGER $ 115.00 PER HOUR
RESEARCHER $ 100.00 PER HOUR
DRAFTSPERSON /GRAPHIC ARTIST $ 90.00 PER HOUR
DOCUMENT PROCESSOR/QUALITY CONTROL $ 90.00 PER HOUR
ADMINISTRATIVE MANAGER $ 90.00 PER HOUR
OFFICE SUPPORT $ 75.00 PER HOUR
MATERIALS, OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A 15%
ADMINISTRATION FEE.
MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT
THE TIME COSTS OCCUR.
SUBJECT TO REVISION JULY 2014
' David J. Powers & Associates, Inc. provides regular, clear and accurate invoices as the work on this project
proceeds, in accordance with normal company billing procedures. The cost estimate prepared for this project does
not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique
statements or invoices. If a special invoice or accounting prozess is requested, the service can be provided on a time
and materials basis.
acolRD TM CERTIFICATE OF-LIABILITY INSURANCE Dateq( 4 /Pn1AYR)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT" BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms
and conditions of the policy, certain policies require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of
such endorsement(s).
PRODUCER
Heffernan Professional Practice Insurance Brokers
CONTACT Carlos Roque
NAME:
PHONE 714- 361 -7700
A/C,No.Ext :
FAX
A/C,No 714- 361 -7701
License No. 0564249 .
6 Hutton Centre Drive, Suite 500
Santa Ana, CA 92707
EMAIL carlosr @heffins.com
ADDRESS:
POLICY EXP
MM /DD/YYYY)
LIMITS
A
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A:
Travelers Property Casualty Ins Co of Am
25674
David J. Powers and Associates Inc.
INSURER B:
Hanover American Insurance Co.
36064
1871 The Alameda, Suite 200
INSURER C:
Continental Casualty Co.
20443
San Jose, CA 95126
INSURER D:
$1,000,000
MED EXP (Any one person)
INSURER E;
PERSONAL &.ADV INJURY
$2,000,000
INSURER F:
VVYGRNV CJ l- .11tH M I C IVll IVIMCM- F[ VI \ll -l1U M IIInmF w-
THIS IS TO CERTIFY THAT 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.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUBR
WVD.
.POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM /DD/YYYY)
LIMITS
A
GENERAL L LIABILITY
x
6806824L268TIL 13
12/03/2013
12/03/2014
EACH OCCURRENCE
$2,000;000
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
DAMAGE TO RENTED
PREMISES (Ea occurrence)
$1,000,000
MED EXP (Any one person)
$10,000
PERSONAL &.ADV INJURY
$2,000,000
GENERAL AGGREGATE
$4,000,000
GEN'L. AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP /OP AGG
$4,000,000
POLICY X PROJECT LOC
$
A
AUTOMOBILE
LIABILITY
x
BA6820Ll 5313C RP
12/03/2013
12/03/2014
- -
COMBINED�SINGLE LIMIT
(Ea accident)
1
,000,000 $1
BODILY INJURY (Per person)
$
X'
ANY AUTO
- ALL OWNED AUTOS SCHEDULED
AUTOS
HIRED: AUTOS X NON -OWNED
AUTOS
BODILY INJURY (Per accident)
$
X
PROPERTYDAMAGE.
(Per
$
X
UMBRELLA LIAB
X
OCCUR
EACH OCCURRENCE
$1,000,006
A
EXCESS LIAB
CLAIMS -.MADE
CUP2C5902111 d47
12/03/2013
12/03/2014
AGGREGATE
$1,000,000
DED RETENTION $
$
'
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y/N
WCSTATU- OTH-
X TORY LIMITS ER
E.L. EACH ACCIDENT
$1,000,000
B
ANY PROPRIETOR/PARTNER/EXECUTIVE/
OFFICERiMEMBEREXCLUDED? ❑
N/A
WZ3981630001
01/13/2014
01/13/2015
E.L. DISEASE - EA EMPLOYEE
$1,000,000
(Mandatory in N.H.)
If yes, describe. under DESCRIPTION OF
OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$1,000,000
PROFESSIONAL LIABILITY
C
N/A
EEH288347490
03/26/2014
03/26/2015
-
PER CLAIM
AGGREGATE
$1,000,000
$2;000,000
DESCRIPTION OF OPERATIONS /. LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Re: Job #13 -026, 10121 N. Foothill Residences. City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers are named
as additional insured on General Liability and Automobile Liability policies per the attached endorsements.
City of Cupertino
Y P
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN,ACCORDANCE WITH
Community Developlment
THE POLICY PROVISIONS.
Attn: George Schroeder
10300 Torre Avenue
AUTHORIZED REPRESENTATIVE
Cupertino, CA 95014
_" — ° tom° r , .1 (91- 0 -ZU1u AI:UHU C:VKFUKAI IUN. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NO:: 6806824L268TIL13 CONINIER'CIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. The following is added to WHO IS AN
INSURED (Section I1):
Any person or organization that you agree in a
"contract or agreement requiring insurance" to
include as an additional insured on this
Coverage Part, but only with respect to liability
for "bodily injury", `property damage" or
"personal 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;
b. In connection with premises owned by or
rented to you; or
c. In connection with `your work" and
included within the °products - completed
operations hazard ".
Such person or organization does not qualify
as an additional insured for "bodily injury',
"property damage" or "personal injury' for
which that person or organization has
assumed liability in a contract or agreement.
The insurance provided to such additional
insured is limited as follows-
d. This insurance does not apply on any
basis to any person or organization for
which coverage as an additional insured
specifically is added by another
endorsement to this Coverage Part_
e. This 'insurance does not apply to the
rendering of or failure to render any
"professional services ".
The limits of insurance afforded to the
additional insured shall be the limits which
you agreed in that "contract or agreement
requiring insurance" to provide for that
additional insured, or the limits shown in
the [declarations for this Coverage Part,
Whichever are less. This endorsement
does not increase the limits of insurance
stated in the LIMITS OF INSURANCE
(Section,lll) for this Coverage Part-
CG D3 81 09 07
B. The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL.
GENERAL LIABILITY CONDITIONS (Section
IV):
However, if you specifically agree in•a "contract
or agreement requiring insurance" that the
insurance provided to an additional insured
under this Covera9e. Part must apply on a
primary basis, or a primary and non-
contributory basis, this insurance is primary to
other insurance that is available to such
additional insured which covers such additional
insured as a named insured, and we Will not
share with the other insurance, provided that:
(1) The "bodily injury' or "property damage"
for which coverage is sought occurs; and
(2) The ``personal injury' for which coverage
is sought arises out of an offense
committed;
after you have entered into that contract or
agreement requiring insurance ". But this
insurance still is excess over valid and
collectible other insurance, whether primary,
excess, contingent or on any other basis, that
is available to the insured when the insured is
an additional insured under any other
insurance.
C. The following is added to Paragraph 8.
Transfer ' Of Rights Of Recovery Against
Others To Us in COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
We waive any rights of recovery we.may have
against any person or organization because of
payments we make for "bodily injury",
"property damage" or "personal injury' arising
out of "your work'' performed by you, or on your
behalf, under a "contract or agreement
requiring insurance with that person or
organization. . We waive these rights only
where you have agreed to do so as part of the
`contract or agreement requiring insurance"
With such person or organization entered into
by you before, and in effect when, the "bodily
Q'2007 The Travelers Companies, Inc_ Page 1 of 2
Includes copyrighted material of Insurance Services Office, Inc_ with its permission.
injury" or 'property damage!' occurs, or the
.personal injury" offense is committed.
D. The - following clefinRion is added to
DEFINITIONS (Section V):
"Contract or agreement requiring. insurance"
means that part of any contract or agreement
under which you are required to include a
person or organization as an additional insured
on this Coverage Part, provided that the "bodily
injury" and "property damage" occurs,and the
"personal injur)( is caused by an offense
committed
a. After you have entered into that contract or
agreement
b. While that part of the contract or
agreement is in effed and
c. Before the end of the policy period
CG D3 81 09 07 CU) 20G7 The Travelers Gompanies, Inc.
Includes copyrighted material of Insurance Seivices Office, Inc., with its permission.
Page 2, of 2
POLICY NUMBER: BA682OL15313GRP
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies insurance provided under the ficllowing;
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi-
fied by the endorsement.
GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage, for any
injury, damage, or medical expenses described in any of the provisions of this endorsement may be excluded or
Limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to
the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover-
age description only. Limitations and exclusions may apply to these coverages, Read all the provisions of this en-
dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered.
A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC
B. EMPLOYEE HIRED AUTO EQUIPMENT — INCREASED LIMIT
C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE — GLASS
D. SUPPLEMENTARY PAYMENTS — INCREASED J. PERSONAL EFFECTS
LIMITS
E. TRAILERS.— INCREASED LOAD CAPACITY
F. HIRED AUTO PHYSICAL DAMAGE
G. PHYSICAL - DAMAGE — TRANSPORTATION
EXPENSES — INCREASED LIMIT
A. BLANKET ADDITIONAL INSURED
The following is added to Paragraph A:1., Who Is
An Insured, of SECTION Il — LIABILITY COV-
ERAGE:
Any person or organization who is required under
a written contract or agreement between you and
that person or organization, that is signed and
executed by you before the "bodily injury" or
"property damage" occurs and that is in effect
during the policy period, to be named as an addi-
tional insured is an "insured" for Liability Cover-
age, but only for damages to which this insurance
applies and only to the extent that person or or-
ganization qualifies as an "insured" under the
Who Is An Insured provision contained in Section
II.
B. EMPLOYEE HIRED AUTO
1. The following is added to Paragraph A.1.,
Who Is An Insured, of SECTION It — LI-
ABILITY COVERAGE;
An ":employee" of yours is an "insured" while
operating a covered "auto" hired or rented
under a contract or agreement in that "em-
ployee's" name, with your permission, white
K. AIRBAGS
L. AUTO LOAN LEASE GAP
M. BLANKET WAIVER OF SUBROGATION
performing duties related to the conduct of
your business.
2. The following replaces Paragraph b. in, B,S„
Other Insurance, 'of SECTION IV — BUSI-
NESS AUTO CONDITIONS:
b. For Hired Auto Physical Damage Cover-
age, the following are deemed to be cov-
eyed "autos'" you own:
(1) Any covered "auto" you lease, hire,
rent or borrow; and
(2) Any covered "auto" hired or rented by
your "employee" under a contract in
that individual '"employee's" name,
with your permission, while perform-
ing duties related to the conduct of
your business.
However, any "auto" that is leased, hired,
rented or borrowed with a driver is not a
covered "auto ".
C. EMPLOYEES AS INSURED
The following is added to Paragraph A.1., Who Is
An Insured, of SECTION 11 - LIABILITY COV-
ERAGE:
CA T$ 20 07 10 0 2010 The Travelers indemnity Company. All rights'. reserved. Page 1 of :3
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
T
Ct }M MERCIAL AUTO
Any employee' f r d I W h i lb , 'US=
Nfrow
in yourausrness nor vpur raffair
., )7�
UP�P,�-EMENTARY-.-'-..AY PAYMENTS CREASED.
tlmftS
11
2.v
(4)p. -All reasonable expenses iritrurrettftiy the;
insured, -aF* our ^requpsf m i d
fi 'j I
c 14_9119PctY,�
pw,o earner ld'6i'i'6 "i, bb. kq. .a
;cause , PfA
E,- -TR _i L-"E' R �
(h'C '
R iA D: L, A CAPACITY`
T f6ft'"' H, "t-f
:-,T
VEREo?AUTOq!-;l'l'-
P",
1 Tea,lers s tiwt#1 0 J040 capacity - - - of
pounds or leis desrgned`pnmarify :f& tc vaC,. i
og,,.p
iq!rqads,
A
H a.'PI4Y'SId MAGE
,da
T
(3} If° a, repair or replcerxaent results In better'
jthan like,Kind ph qua! i y. y?p. will 'not p y for i'
�--antcaunt of betterment�,
equal
jgst ysl6a
t b;.,'l h h 6e
L
I" "lica lb. an
'a' i
e b e o
,comered-.". dutbl,:
that l nfrem ,-reefed car Vicar
recited or obor:_�
G1
-`DAMAdE..'� :'tk]A'NSPORTAT-IOW
MYSICAL
EXPENSES ,II+ICREASED LIMIT
,The', tRd'fi'ttv �cntencc..sn, Pica:
Ymnsportation, Expenses;:. Ok'_ '. .. , , , �_ E
"W
"t jrr
ere
H'. :AUDIO;, VISUAL,,` AND DATA ;ELECTRON[e.-.
LIMTU
70-
:�--!,
aragraptliliC of SEC :
.
"6si' th, PHYSICAL GE �COVfkX 0
U
et0d;r
'WAIVER; OF DEDUCTIBLE 'GLASS-
p P? (a g a 0. h. 15,. - biductiim;;..-
,C— OVERAGE ',.:
o", deductible ,
,Mr,a ,.covered au o
glas's damag
J PERSONAL EFFECTS
-The f6il added .to Paragraph A,&,r Cover-
q0- __. , _ '.*,�, , - "
age -,,, "1t, %�--.,bf:.§ECTI0N III PHYSICAL.
A,6 z% a� R
p
CAJ420'0710-
-AIRBAGS,
The fol I awing js added':tto :.,P6ragraphB,.3".'. Excfij
lJbns; of Ft ' iMON'AW,.. S.1 A4A'G ,.
E
riot ,,'apply tor, b t
you,own'. tint in
an
L, AUT{3xLOAN;L'EASE;GAP
COMMERCIAL AUTO..
:- ',-,
(A) �Qverd6e lease5,�or--Joan, paymeAt&,k:'thel
t I m O� t'h e;-: "J o o 3"�
(e} Garryr aver balances from a - s. loan . s
ar eakes','
M.,�.,.BLANKE,.T.WAiVEk,6F,,.tijb 0 A ON
Righfis. Of.'Rd'6dVdr',,
y. gainst.,Others j_q, Usj'.'
NES�!k,,.-,j�yTO,,C-Q Dl-,
f SECTI*'10�""
jqNS:,
jrA Rights Of Recovery
Inrl 4p q yrg. ta''Ir!9terl- jts`p'erniss iqn,-