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15-003 David J. Powers 7 Associates, Environmental Consultant Services for Sports Center Sport Courts Project
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 February 12, 2015 David J. Powers & Associates Inc. 1871 The Alameda, Suite 200 San Jose, CA 95126 RE: Agreement Enclosed for your records is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions, please contact the Public. Works Department at (408) 777-3354. Sincerely, Dorothy Steenfott Senior Office Assistant cc: Public Works Enclosure Po* -.ots _ 3l-7 v -t637 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAVID J. POWERS & ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTANT SERVICES FOR THE CUPERTINO SPORTS CENTER SPORT COURTS PROJECT THIS AGREEMENT, for reference dated January 21, 2015, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City,"), and DAVID J. POWERS & ASSOCIATES, INC., a California corporation whose address is 1871 The Alameda, Suite 200, San Jose, Ca 95126; phone no.: 408-248-3500 (hereinafter 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 a professional services agreement for Cupertino Sports Court design and construction documents 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 the date this agreement is executed and shall terminate on June 30, 2015, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A", titled "Scope of Services" which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFORMANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit B, titled "Schedule of Performance ", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed ELEVEN THOUSAND FIVE HUNDRED Dollars ($11,500.00). The rate of payment is set out in Exhibit C, titled "Compensation", which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during CSC Sport Courts Page 1 of 9 January 21, 2015 David J. Powers, Inc. City of Cupertino the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. 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. 7. 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. 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA): 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 IBCA 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. 9. 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. 10. PROTECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. Katy Tensen, Contract Manager, is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance CSC Sport Courts Page 2 of 9 January 21, 2015 David J. Powers, Inc. City of Cupertino and approval of the City Project Manager. The designated Consultant Project Manager shall be Jodi Starbird. 11. 'HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. 1. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, 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, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of 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. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. 2. Notwithstanding the foregoing, the Consultant has no duty to provide or to pay for an up -front defense against unproven claims or allegations, but shall pay or reimburse the City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or its employees, officers, officials, agents or independent contractors. However, the Consultant shall provide its immediate and active cooperation and assistance to the City, atno additional cost to the City, in analyzing, defending, and resolving such claims. B. Claims for Other Liability. For all liabilities other than those included within paragraph A. above, Consultant. shall, to the fullest extent allowed by law, indemnify, defend,. and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands'whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the 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. 'Consultant shall not be obligated under this Agreement to indemnify City to the extent that' the . damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. C. Claims involving intellectual property. In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains, to, or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. 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. CSC Sport Courts Page 3 of 9 January 21, 2015 David J. Powers, Inc. City of Cupertino 12. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino, 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 authorized to do insurance business in the State of California. Endorsements naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies 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) Liabili : 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: Commercial 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 accident (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 per claim and in the aggregate. 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 commercial 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 commercial 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. CSC Sport Courts Page 4 of 9 January 21, 2015 David J. Powers, Inc. City of Cupertino 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 worker's compensation and professional liability insurance, required by this Agreement. 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. 13. 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. 14. 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. 15. SUBCONTRACTOR APPROVAL: ' Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in this Agreement shall be used.in the performance of this Agreement. - In the event that Consultant employs subcontractors, such subcontractors shallbe 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. CSC Sport Courts Page 5 of 9 January 21, 2015 David J. Powers, Inc. City of Cupertino 16. 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. 17. OWNERSHIP OF WORK: A. Any interest (including copyright interests) of Consultant and its subconsultants in each and every study, document, report, draft, memoranda, work product, map, record, plan, drawing, specification and other deliverable, in any medium prepared or created by Consultant or its subconsultants pursuant to or in connection with this Agreement, shall be the exclusive property of City. To the extent permitted by Title 17 of U.S. Code, all work product prepared or created under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of City. In the event that it is ever determined that any works prepared or created by Consultant or any subconsultant under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to City all copyrights to such works when and as created. With Owner's prior written approval, Consultant may retain and use copies of such works for reference and as documentation of its experience and capabilities and in its promotional materials. With respect to Consultant's standard details, Consultant may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Project. B. Without limiting any other City right to any of the works prepared or created by Consultant or its subconsultants, all works 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. Any City reuse of works shall be subject to California Business and Professions Code Sections 5536.25, 6735, 6735.3 or 6735.4, if and to the extent applicable. Any City reuse of works for any purpose other than those in B(1) through B(3) above, and any modifications to any of the works, shall be at City's sole risk and expense. D. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. E. All written work required to be provided by this Agreement (other than large-scale architectural plans and similar items) shall be printed on recycled paper and shall be copied on both sides of the paper except for one original, which shall be single sided. F. No work, information or other data given to or prepared created or assembled by Consultant or any of its subconsultants pursuant to this Agreement, shall be made available to any individual or organization by Consultant or any subconsultant without prior approval by City. G. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans shall be in CAD and PDF formats, and other documents shall be in Microsoft Word and PDF formats. 18. 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 CSC Sport Courts Page 6 of 9 January 21, 2015 David J. Powers, Inc. City of Cupertino gives City the right to examine and audit same, and to make transcripts there from 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,. 19. 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 second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. at: All notices, demands, requests, or approvals from Consultant to City shall be addressed to City City of Cupertino 10300 Torre Ave. Cupertino CA 95014 ' Attention: Katy Jensen, Contract Manager All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Jodi Starbird, Principal Project Manager David J..Powers & Associates, Inc. 1871 The Alameda, Suite 200 San Jose, CA 95126 Phone no. 408-454-3437 E-mail: jstarbird@davidjpowers.com 20. 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. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. CSC Sport Courts Page 7 of 9 January 21, 2015 David J. Powers, Inc. City of Cupertino 22. 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. 23. 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. 24. 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. 25. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the 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. 27. 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. CSC Sport Courts Page 8 of 9 January 21, 2015 David J. Powers, Inc. City of Cupertino P.O. No.: —),vi5 — 3)L7 IN WITNESS WHEREOF, the parties have caused the Agreement to be executed: CONSULTANT CITY OF CUPERTINO David J. Powers & Associates, Inc. A Municipal Corporation ByC By: Name: Zf <JT Timo den, Direc r of Public Works Title:W-f 1�1c� L. 1Date: / Date: 1-l�"IS Tax I.D. No.: �7 -] ' 0Z f C� 5 7 - APIWOVED AS TO FORM: Address: 1871 The Alameda, Suite 200 San Jose, CA, 95126 Phone no. 408-454- 3500 Ca orade, City Attorney AT T: 1� Grace Schmidt, City Clerk 2, Contract Amount: $11,500.00 Account #:.580 -70 -5166 - - 90 5 - YU 002- 02-01 02- 02-Ol Ofd Ac -,e--4 660- l icj l -9 300 CSC Sport Courts Page 9 of 9 January 21, 2015 David J. Powers, Inc. City of Cupertino CITY OF CUPERTINO CUPERTINOS SPORTS CENTER SPORT COURTS EXHIBITS A -C INTRODUCTION Exhibits A -C, to City of Cupertino Consultant Agreement with David J. Powers & Associates dated January 211h, 2015 defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for the Cupertino Sports Center Sport Courts project environmental services. EXHIBIT A: SCOPE OF SERVICES EXHIBIT B: SCHEDULE OF PERFORMANCE EXHIBIT C: COMPENSATION EXHIBIT A: SCOPE OF SERVICES A-1 DESCRIPTION The CONSULTANT shall provide environmental services required to obtain a CEQA Notice of Exemption (NOE) for the Cupertino Sport Courts project. A-2 PROJECT COORDINATION The following individuals are the primary contacts for all questions and actions regarding the administration of this Service Order: CONSULTANT: David J. Powers & Associates CITY: The Department of Public Works Jodi Starbird, Principal Project Manager Katy Jensen, CIP Contract Manager David J. Powers & Associates, Inc. 1871 The Alameda, Suite 200 San Jose, CA 95126 10300 Torre Avenue Cupertino, CA 95014 408-454-3437 408-777-3248 jstarbird@davidjpowers.com katyj@cupertino.org A-3 SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSULTANT shall perform the following specific services with the goal of obtaining a CEQA Class I, Categorical Exemption for the Cupertino Sport Courts project. CSC Sport Courts Page 1 of 4 January 21, 2015 David J. Powers, Inc. City of Cupertino TASK 1.0 NOISE ANALYSIS AND MEMO 1.1 The CONSULTANT shall complete a quantitative noise analysis that measures and characterizes the existing evening noise levels in the court vicinity, evaluates the noise impact of court use before 10 pm, and compares the data to City of Cupertino standards. 1.2 The CONSULTANT shall prepare a memo summarizing the noise analysis and making recommendations relative to pursuance of a CEQA Notice of Exemption (NOE) for the project. TASK 2.0 PREPARE CEQA- NOTICE OF EXEMPTION If the noise memo supports a Notice of Exemption (NOE) for this project the Consultant shall perform the following tasks., If a NOE is not supported by the memo, the City shall either amend the agreement to include additional environmental services or terminate according to Item 20, Termination, in the consultant agreement. 2.1 The CONSULTANT shall prepare a draft Notice of Exemption (NOE) a completed Santa Clara County Clerk's cover sheet according to CEQA and City requirements and submit it to the City for Review. 2.1 The CONSULTANT shall incorporate City comments into a final Notice of Exemption (NOE)., TASK 3.0 MEETING The CONSULTANT shall attend a single Public Hearing meeting to provide information relative to the environmental analysis, process, and recommendations. Subsequent meeting(s), if required, shall be considered additional services. TASK 4.0 FILE NOTICE OF EXEMPTION (NOE) WITH COUNTY CLERK The CONSULTANT shall file the NOE with the Santa Clara County Clerk after the Public Hearing and pay the fifty dollar ($50.00) filing fee as a part of this agreement. A-4: DELIVERABLES The CONSULTANT shall deliver the following Items as a part of this Consultant Agreement: TASK 1.0 Noise memo and associated data supporting the recommendations. 8-1/2"x11 electronic copy in .pdf format CSC Sport Courts Page 2 of 4 January 21, 2015 David J. Powers, Inc. City of Cupertino TASK 2.0 Draft and Final Notice of Exemption with Santa Clara County Clerk's cover sheet. 8- 1/2"x11 electronic copy in .pdf format TASK 4.0 Copy of NOE filed with the Santa Clara County Clerk -8-1/2"x11 electronic copy in pdf format EXHIBIT B: SCHEDULE OF PERFORMANCE All work under this Consultant Agreement shall be completed by June 30, 2015 DELIVERY SCHEDULE The task deliverables in Item C shall be received by the CITY as indicated below: TASK 1.0 Noise analysis and memo February 17, 2015 TASK 2.0 Draft CEQA Notice of Exemption February 24, 2015 Final CEQA Notice of Exemption March 6, 2015 TASK 3.0 Public Hearing April 7, 2015 TASK 4.0 File NOE with Santa Clara County Clerk April 14, 2015 EXHIBIT C: COMPENSATION A. Base Compensation The base compensation for this Consultant agreement shall not exceed TEN THOUSAND SEVEN HUNDRED AND TEN dollars ($10,710.00). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. B. Base Compensation schedule TASK DESCRIPTION TASK COMPENSATION Task 1: Noise Analysis and Memo $6,500. Task 2 Draft and Final Notice of Exemption 2,500. Task 3 Public Hearing/meeting 500. Task 4 File NOE with Santa Clara County Clerk 1,210. TOTAL $10,710. C. Reimbursable Expenses There are no reimbursable expenses in this Consultant Agreement CSC Sport Courts Page 3 of 4 January 21, 2015 David J. Powers, Inc. City of Cupertino D. Additional Services. The CITY, at it's sole discretion, may request additonal CONSULTANT services not identified in Item B, Tasks 1-6. The CITY shall make a written request for specific services and the CONSULTANT shall provide a fee proposal. Each Additional Services proposal shall be separately negotiated and paid either on a lump sum or time and material basis using the at the rates identified below. The CONSULTANT shall not perform any proposed additional services without prior written authorization of the CITY. The CITY provides a sum of SEVEN HUNDRED AND NINETY DOLLARS ($790.00.) for Additional Services not identified in ATTACHEMENT A as a part of this contract. The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result in charges in excess of the above amount. CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized Additional Services rendered during the previous month according to the compensation schedule identified in the authroized Additonal Services addendum to this contract. CONSULTANT hourly rate schedule shown belowshall remain in effect for the full term of the contract. Schedule of hourly Direct Labor Rates for Additional Services SENIOR PRINCIPAL $ 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 E. Maximum Compensation The maximum compensation for the Consultant agreement is ELEVEN THOUSAND FIVE HUNDRED dollars ($11,500.00)Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. END OF ATTACHMENT CSC Sport Courts Page 4 of 4 January 21, 2015 David J. Powers, Inc. City of Cupertino rnn ,' Date (MM/DDR) ACORID /Y CERTIFICATE:OF LIABILITY:INSURANCE -1/15/2015 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." :. "INSURER(S), THIS CERTIFICATE OF INSURANCEDOES NOT CONSTITUTE A CONTRACT. BETWEEN -THE ISSUING 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 :. License No. 0564249 CONTACT Carlos Roque NAME: : PHONE 714 361-2700 ." a/c,No,Ext FAX - -361-7701. 361-7701 A/c;No EMAIL ` ADDRESS: carlosr@hefflns.com 6 Hutton Centre Drive Suite 500 Santa Ana, CA 92707 - INSR" INSURERS AFFORDING COVERAGE . , : NAIC # :INSURED' INSURER A: Travelers Indeffinity Company of CT 25682 - David_ T. Powers and Associates Inc.. ." ,INSURER B:. Travelers,Properfy Casualty his Co of Am 25674 1871 The Alameda; Suite 200 San -Jose, CA 95126..INSURER INSURER C: Hanover American. Insurance Co. 36064 INSURER D: Continental'Casualty Co. 20443: Er. 'INSURER F. 12/03/2014 ..COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHAT 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 MAYBE 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 BEERREDUCED BY"PAID CLAIMS. INSR TYPE OF INSURANCE ADDL ". SUBR POLICY NUMBER 'POLICY EFF. POLICY EXP. .. - INSR" WVD - MM/DDIYYYY . MW D/YYYY .LIMITS A GENERAL L: LIABILITY X . _ X 6806824L268TCT14 12/03/2014 12/03/2015 EACH OCCURRENCE $2,000,000 . X COMMERCIAL GENERAL LIABILITY - - - DAMAGE TO RENTED. $1,000,000 PREMISES (Ea occurrence) " - CLAIMS -MADE - X OCCUR -. '.. -' , , - . MED EXP (Any,one person) - $10,000 PERSONAL BADV INJURY $2,000,000- - .. .. - - , - - - GENERAL AGGREGATE :$4,000,600 .'GEN'L. AGGREGATE LIMIT.APPLIES PER: . - - : . PRODUCTS -COMP/OP:AGG $4,000,000 • POLICY' X "PROJECT.' . LOC B AUTOMOBILE LIABILITY - - - X : BA6820L15314GRP - . 12/03/2014 12/03/2015. COMBINED SINGLE LIMIT : $j,000,000 (Ea accident)- BODILY INJURY (Per person) $'. " X ANY AUTO - - - �: - " ALL OWNED AUTOS-' _ .SCHEDULED AUTOS " X HIRED AUTOS . NON -OWNED X " ' = :. - . . .BODILY INJURY (Per accident) .$ - AMAGE -' $ AUTOS .. :..(Pea c dent) - X. UMBRELLA LAB - X ; ,OCCUR ,- - : - EACH�OCCURRENCE. '$1,000,000 - B _ EXCESS.LIAB .' " " .CLAIMS -MADE - CUKC5902111447-'" " '' 12103/2014- 12/03/2015 - AGGREGATE, $1,000,000 - DED -RETENTION $'" .. _ .. -. -: .. - .$,- . - - - - . WORKERS COMPENSATION' WCSTATU= 0TH - x "TORY LIMITS .ER _" . AND EMPLOYERS' LIABILITY - Y/N _ _ E.L. EACH ACCIDENT. $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE/ C OFFICEMMEMBEREXCLUDED? W_Z3981630002 01/13/2015. 01/13/2016. E.L. DISEASE -EA EMPLOYEE. $1,000,000 - "(Mandatorym N.H.) -.- - .N/A - .. . If yes, describe under DESCRIPTION OF - - - E.L. DISEASE = POLICYIIMIT '$1,000,000 ,' OPERATIONS below - " " - " _ PROFESSIONAL LIABILITY' D " NiA . EEW288347490 03/26/2014' 03/26/2015 PER CLAIM $2,000,000' - AGGREGATE, $2,000,000 . DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD.101, Additional Remarks: Schedule, if more space Is required)' Re: DJP&A #15-003,.CSC Sport Courts. City of Cupertino, its City Council, boards; commissions, officers, employees and.Volunieers are named as additional insured on General Liability and Automobile: Liability policy if required by: Written contract per.attached,endorsements. Waiver of subrogation applies to General Liability policy. CFRTIFIr ATF 41Af FEE- - - rAMrFI I ATInhI SHOULD ANY OF THE ABOVE DESCRIBED. POLICIES BE CANCELLED BEFORE THE City Of CUpertlrl0, EXPIRATION DATE THEREOF, NOTICE WILL BE: DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.:- Attn: KatyJ.ensen, Contract" Manager 10300 Torre Avenue AUTHORIZED REPRESENTATIVE :' ;' Cupertino, CA 95014 ACORD 25 (2010/05) p1-8-2010 ACORD.CORPORATION..AII rights reserved: POLICY NO.: 6806824L268TCT14 COMMERCIAL 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 11): 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 appy to the rendering of or failure to render any "professional services". f. 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 III) for this Coverage Part, 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 Coverage 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 CG D3 8109 07 ® 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 definition is added to DEFINITIONS (Section 1)= "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 Injury" 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 effect; and c. Before the end of the policy period CG D3 8109 07 ® 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER:iBA68201-15314GRP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: 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 C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED 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 II — 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 The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL EFFECTS 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.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "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 An "employee" of yours is an "insured" while The following is added to Paragraph A.1.. Who Is operating a covered "auto" hired or rented g g under a contract or agreement in that "em- An Insured, of SECTION II — LIABILITY COV- ployee's" name, with your permission, while ERAGE: CA T4 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 1GC3NtMERGIAL AUTO .. . Any "employee" pi yours' is arl 01".whtieIf' a= repair"Pr.,rePlaremQnt rsslalts jn tadttr tng' a covered"'a I o" you don'; pwnr hire `or 6grro�v ihari like Itted pr �{ atityr we usrtif nod pay fnr tFte n your`t7ustness4or yt�ilf personal affairs amotaM+ofi b$iterrt�nt SUPPLEIVII=tVTARY AAYME=NTS.: lNCREASJEa ` j4j A d�dllctltee�ual to ;the f�tgitest J'hy�rcal LIM17S Derma a edu�ttt3le appltca'b!e td: -any o�vrle d w d d Th e fatto4v,ng re{tiacesaragrapi A a {2j of covoretl "auto" SECTiC►N 11 LIA$iLITY'C01«ta " E, Coverage 1=xtenstaro cues ttot appiy.aec (2),'Up t4' $,ODQ fors Goss of 1�?RI' bonds jJn ja) Any'I'aarto"' that is hteed, ren#ed or;lapr elud�no bonds for`relateci traffsc lawrvtoia rouged with a driver, or "accident" tions) IPequtre becars® ofn (f� ;Any auto' that is hued; rutted or `dor +rrr� c Uvet We civ aical hive tv itrrttt5tt `tmtved:fiom j+blJr "enlmyea":; these bonds G ;I?HYSICAL DAMAGE TRANSA:ORTATI®t 2 The follo�vingyreplaces t?t'agrapli'A 2 a. {4� cf LI�161LITY EXI'EIVSES lllUCEF_ASED [:iMIT SECTE11 CQVERAGE ON fiho fflilowsng replace :the firs $ �criiori ln'Pata } {4)' All PQasdnable expensed tr+durred by the:. _ r 5 E nee rd'" a# aur re a st,f trlct�tdtpg ctaa9 ,graph l7ra3151inrtatiDn -SM III `= P T N FIYSICAL AMA 4O 1lERf Iass taf earnirtgs` up #a �5t}p a days be- ` , . �AGE. cause of tirr#e off from word; E.< LOAD CAPACITY., .- 1Ne'wtl#'pay i�p tet $�it7 per flay tQ a ra�aktrnumM of TRAILERS.=AINCREASED 500 til far ternporary transportatlanxp�nst trl The foktotivlhg:repJac's Pat`agrph,.0 �r of"SES,_ carred by yt?u'ert�ftse.sof the total itleft offs cow TICDN'I:.. CDILERIED AI1T OS; . ?tired "'auto"..p1,11e pnvare pssen9e�,typt= : = "1 "Trawlers' with a Iaad ,capacity of 3,Q0(? M UDlO,. UISIAL' AND DATA"ZA ELECTRONIC: pQurtds or less designed pnmanly for ravel too _'MENT jNC1RFr45ED L1MIT . nn publio�raads '�aha rapi� 2; Limit_ ,O f, insurahce at 5EC ., : `. '-- F.- HILI~Ci AUTO hFIYSICM D0 NGlE ,C TIQN Jh bANIAGE CC3UERAGE tg . The fa]towtng,is added t&Paragraph A.4 , Cover ,.,PfIYSiCAL eiet d: agp Fxtens#ohs, c►f :SEC7l01d `III : Pi�YSICAL . I WAIVER PFOEDQCTIBLE GLASS DAIIIIAi;E COVERAGE ' ,; The following is added=fa Paragraph D , peducti kred Auto`Phystcal Damage Coverage .ble,t QRf ,SECTION III: JPHYSICxAC. DAMAGE If tared 'autos are covered "autos° for Liatitpty COVE AGE Coverage buf not c ire etl ^sutc�s for Physi l; 4 filo tteciuctible for a r ti; 46d "autd will apply tat Damage Coverage, aril this,polrcy sten proyrdes,... ;glass datndge.,if the glass #sArepaired"`.rathr:han Phys�dal Damage Coveragedran owned 'pato . . Treplaced then �h$ Physrcal,t]arnageaCoverge lsxtnde'd:, J PERS{DNAL EFFECTSr to 'atitps" tltat:you #tire; rant orii�orrow subJect to:- the,%li.wing. the foll4tving 7u added `.to Paragraph A 4 Cove age Extanstoals, of SECTiION `III PHYSICAL: (7j rTFra, rttw�t.tn+a Millhay fror "InSc"many Shp, ,: 6AMAfE COVERAGE acGtdent" toe jltred rented or borrowed "auto" lesser of. personal Effects Couera e 9 i -4- a "$5Q Qr3D, () tiNe wll!.pay up to $fi0(t for 'J©ss to wearing,op- #iarel and o$her persona! effects which are . (b) Ths actual cash v�ltit3 of tttt� damaged 9C _ stolen as ;ofd the tune the 1 s < < 7 -. t) ,Owned by an `tnsi�red', and prppelty rof ;.. "loss'` ,off j2) in o� ort yaoar caverd °'aUtct" (c), The -:cos# of.-repa,ring or replacing the , {h;s caV.erage only applies rrt the event of a _fatal., damaged or =siaten :properly v.+t#h' ::'rather :: - theft of your autc►' proparty mf Ike icrnd and quality Na ded%rctllales a J to Personaltfec#s, cower , pP y (2) An; adlustri�e�f fat deprectatran and physical condttron will be read m deterrntrnn g acival cish valvae lit the ;event Ufa total foss. :age - Page 2 --GA:7A 2Q'0710: IricRi�ds s ugpi rigNt. Piiat010:ai:trtsu 4*,*rvic s,QM6`jhc ;Mj its p�rnl�sslon,.. CO[vim .ERC1AL;AUTC± .. : AIRBAGS (2) Rny>. The;., .. fo11m%!ng:is added io Paragraph . B 3 , Cxcliu- , {a) Overdue lease .or:lpan:payrrsents at. the: SIO»S -of. SECTION .III- . pHYSIC�IL DAMAGE time 6 tho 71033"i COVERAGE; Financial penalties impo tler a' s {b1: ed un Exclusion 3 a does not apply to loss' to one or . ; . Tease for exces'srve use, at�normal vtiear. „. ... more airbags rn a covered auto you avrn that in antl tear or high'mrleage ilotG oy� to a nus Vtl�G� thaj, a 4au5c of "Iva " (c) ;Security deposits nat raturned;by the les set fvith in Paragraphs A 1b and,:A 1 c.; but ; sorra :only ; {d) :Costs"for extended wa�rantaes Gredtt,LLfe . a tf .that "auto' Is a covered 'auto" far Gornpre .. .. Insurance Health Accident ,or Disability:. henSjVe'.Covela�eUrld f._t131�`,p[]Ijq- . Bnsurance pu"rehased,::'wath 'Elie ..loan. dr, b The airbags are'riot, coVerad`.,under any; war- leas9, and: rdnty, arid -use , Car over balances froth previoloans {) ry c The airbags were not mita;ritianally, infla .ad leases: le +,vll day>up to .a .rnazirrium of 81.;000 for any.:' M..BLikNKET WAIVER OFSUBRaGATION ' One"doss": fo ti n re ar h A 5 Transfe Th e I low g places P agn�ap r' L. AUTO;LOAN'LEASE,GAP. Of Ri+3F is Of Recovery Aganrist Others To :Us, Theoilowang rs added to Paragraph A 4 , Cover of SEC7'IOI� IU_ t3USINESS AUTO CON01-: age Extensnons, of SECTION III PHYSICAL .., TIONS DAMAGE COVERAGE. 3 Transfer Of Rights OUR—' Agairtist Auto Loan Lease Gap Coverage for Pr'ivate=, Others T0' S Passenger?ype Vehicles Nle,.wanre any nght of recoveryfive. rTiay Save;: In ihd event of.a total "loss' to a overecl "auto'` of against any:person of orgamzati n to the ex- the private passenger type shown In iliac SChedul;, tent ,required of ,you. by a.vsintten ryantract<exe 'or beclarations for +vfiichliysrcal damage;Cov _ cuted pr�or.to arty 'accndent" or 'loss", <prc� ' erage is prouided 1ve _vaill Pay_any, ui pard amount ended _1044t,the act. Jdent or' loss aPlses Qint of: due on.the tease or loan 'f r,covered -the operations >;ontn aass the #ollowin 9 tract; The waiver applies tori y to the person or,:. organization destcgnatecl 9it.such cdhtract.;- (I ),The amount pard under the Physical Damage `_. >:Coverag_e:5sction of,,the-policy.for!tlia!"auto ;,. ; and. -:.:. - CA,T4;20; 0 10;: V2010 Tha':Trav4kjir. InHerr ty.Campai y: Al rig}iLx raSprvAd: pa{ @. -0f : ' Iricludes wpy.rigtited motorial of insurance Services Qiiice; Inc W1k its �termisslah, . WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless otherwise stated. This endorsement effective on 01/13/2015 at 12:01 am standard times forms a part of Policy No. WZ3981630002 of the Hanover American Insurance Company issued to: David J. Powers & Associates, Inc. Premium (if any) $ Authorized Representative 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 2.000% of the California workers' compensation premium otherwise due on such remuneration. �n17T:m17; Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS Job Description: Projects as on file with the insured QVC 252 040 84