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12-108 Deborah Ellis, Tree Survey Arborist Report at McClellan Ranch Environmental Education Center CITY OF AGREEMENT To CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 7i f-2�7_ CUPERTINO V--- 408-77"7-3200 NO. zr THIS AGREEMENT, ma e and entered into this 17th day of October, 2012 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Deborah Ellis, MS, Consulting Arborist & Horticulturist, PO Box 3714, Saratoga, CA 95070, phone: 1-408-725-1357, e-mail: decah @pacbell.net Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Tree Survey and Arborist Report at McClellan Ranch Environmental Education Center project Services are further described in an Exhibit "A" Proposal EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal marked EXHIBIT "A" TERM: The services and/or materials furnished under this Agreement shall commence on October 18th, 2012 and shall be completed no later than November 30, 2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Lump Sum not to exceed $2,500.00, without City written approval California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of$1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor 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, stop notices, 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, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor 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. 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. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall he used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CiTY. Page 1 of 3 Short Form Agreement Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor 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: $1,000,000 each occurrence $2,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against Ci':y by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Contractor. It is understood and .agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Page 2 of 3 Short Form Agreement Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME:Carmen Lynauqh, 408-777-3215 DEPARTMENT: Public Works Department This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONT T R: CITY rhINO4Title p r/nub Title: Public Works P Marta Soc. Sec. #or Tax I.D 55 ,- 1 7 6U 3n APPROVALS EXPENDITURE DISTRIBUTION D-••' i EAD DATE ACCOUNT NUMBER AMOUNT 1 o/2 z��Z 420-9133-9300 $2,500.00 •'NEY Pif, ED AS OFORM DATE ` rlb J/IL �, CITYCLERK: ATTE DATE/0 / Z Li 6 'k- 64,...„), 1..,,,,o---Page 3 of 3 Short Form Agreement EXHIBIT A, Deborah Ellis, MS Consulting Arborist&Horticulturist Service since 1984 Carmen Lynaugh Cupertino Public Works Department 10300 Torre Avenue Cupertino, CA 95014 October 17, 2012 Tree Survey and Arborist Report Proposal for McClellan Ranch Improvements Dear Carmen: Thank you for meeting with me at the site today to acquaint me with this project. I propose a fee of $2500 to evaluate and prepare an arborist report for tle trees within the project area that you have specified,including the existing blacksmith shop and potential building area for the environmental education center. The report will provide information on trees within this area that have trunk diameters of 6 inches or greater,with some exceptions made (some smaller trees included, for example the multi- trunk buckeye we discussed. The Arborist Report will include the following items that are checked below: Bold print indicates minimum data collection and presentation recommended. If you would like data and information on items that are not checked or items that are not listed, please let me know so that I can revise this proposal. It is also possible for me to provide this more detailed information for all or certain trees at a later date, e.g.for those trees that will be saved on a construction site. 1) ® Each tree to be evaluated will receive a basic evaluation1. 2) ®Trees numbered on architectural Site Plan (accurate tree trunk locations on the plans are the responsibility of the project civil engineer) OR 3) ®Trees located numerically on an aerial map of the existing site by using GPS coordinates. Trunk locations will be approximate and not accurate. 4) ®Tree Type (The scientific name of the tree(its Genus and species and also the regional common name. The scientific name and common name of the tree is provided at first occurrence,and after that only the common name is used.) 5) ❑ Tree Species Composition (table and bar graph). The number of each tree species on site, and its percentage of the entire tree population. 6) ®Trunk DBH(trunk diameter at 4.5 feet above the ground, used for many tree-related calculations. This is also the required trunk diameter measurement height of the City of Cupertino.) 7) ® Size (tree height x spread in feet, estimated). Larger trees are sometimes measured with a laser hypsometer. This will be done only for large significant trees close to proposed construction. Basic Evaluation (of Trees): a visual evaluation of the tree from the ground,without climbing into the tree or performing detailed tests such as extensive digging, boring or removing samples. This is an initial screening of the tree after which the evaluator may recommend that additional, more detailed examination(s) be performed if deemed necessary. PO Box 3714,Saratoga,CA 95070. 408-725-1357. decah @pacbell.net. http://www.decoh.com. Arborist Report Proposal for McClellan Ranch Improvements. October 17, 2012. Page 1 of 3 Deborah Ellis, MS Consulting Arborist&Horticulturist Service since I9S4 8) ❑ LCR [Live Canopy Ratio):This ratio is the percentage of total tree height occupied with live branches. A high LCR (e.g.80%) is often indicative of good tree vigor,while a low LCR (e.g. 30%) is undesirable from both a health and structural standpoint. Many interior grove trees in forest situations have a low LCR due to crowded conditions on all sides, forcing the live foliage to be limited to the very top of the tree, Older trees generally have a lower LCR than younger trees. Trees may also have an artificially low LCR due to excessive removal of lower branches. 9) ❑ Canopy Position (crown class):-the horizontal and vertical arrangement of trees within a group. Most often used in Forestry to describe the size and relative position of trees in stands. Can also be valuable in describing trees within groves in an urban area or in at the urban/wildlife interface. Classifications are:Open Grown, Dominant, Co-dominant, Intermediate or Suppressed. 10) ❑Age Class:where the tree is in its expected lifespan on this site. Young (0-20%of expected lifespan, Mature (20-80%) or Overmature (>80%). Trees in landscapes do not usually live as long as trees in their native environment, although there can be exceptions. 1 1) ® Condition (Vigor&Structure-separate numeric ratings from zero (0)a dead tree to 100 a perfect tree) 12) ® Work needed: Recommended tree work fora particular tree such as inspect further, pruning, cabling, bracing or propping,irrigation, fertilization,pest management or other types of work--the description of which is beyond the scope of this contract. This is included in the Notes column. 13) ❑ Risk rating opinion (Numeric rating opinion bored upon current International Society of Arboriculture Tree Hazard Evaluation Methodology. The trees on a site may then be prioritized for work or removal, based upon their hazard ranking.) 14) ❑ Wildlife (within or near the tree). Examples are bird nests, squirrel nests, nesting holes drilled into hollow portions of a trunk or branch, a tree that is being used for bird roosting during the day,or animal burrows underneath the trunk or roots of a tree. 15) ® Preservation Suitability (Is this tree worth keeping on this site, considering the tree species,its condition and the current or proposed use of the site? Rating;are "Good", "Moderate", "Poor"or"None". 16) ®Tree Preservation Distances (For trees on sites where there will be demolition,construction or relandscaping. Recommended calculated distances from the trunk for root disturbance such as trenching, grading or fill placement. These distances are based upon trunk DBH. Canopy protection distances will be taken into account as well. 17) ❑Tree monetary value (Based upon Trunk Value Method for large trees and the Replacement cost for smaller trees, according to the most current Guide for Plant Appraisal by the Council of Tree& Landscaper's Guide for Appraisal and the International Society of Arboriculture). 18) ❑ Expected Impact of Construction (For trees on sites where there will be demolition, construction or relandscaping. An estimate of construction impact to each tree based upon the plans that I have reviewed for this project. Ratings are None, Low,Moderate,Severe or Uncertain). This rating can only be provided if there are construction plans available that include the tree trunk locations. 19) ® Action (Save, Remove, Transplant or Debatable). Debatable means that there is some sort of problem relative to retaining the tree-for example the tree's condition, its proximity to construction or something else. The reason for the Debatable rating is explained in the Notes field for the tree. 20) ® Notes-brief,few. 21) ® Notes-detailed: for the large coast live oak tree next to the blacksmith shop. The tree's condition,work recommended and a risk rating of this tree will be provided. The potential rebuild of the blacksmith shop in its current location will also be discussed relative to this tree. 2 Inspect further: Description of tree issues that require additions investigation beyond the brief ground evaluation and description of each tree that is within the scope of the Tree Survey and Arborist Report. Such investigations include but are not limited to: root collar excavation and examination,aerial inspe:tion of the tree(by a qualified tree service climber) detailed analysis of decay with instruments such as drills, Resistograph or ultra-sound equipment,or soil or plant samples that are sent to a soil or pathology laboratory for analysis, diagnosis and/or management recommendations). PO Box 3714,Saratoga,CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah.com. Arborist Report Proposal for McClellan Ranch Improvements. October 17,2012. Page 2 of 3 Deborah Ellis, MS C-onsulting Arborist&Horticulturist Service since 1984 22) ® Tree Protection Specifications (specifications as to how trees will be protected on a construction site before, during and after cons:ruction. This is an individual document separate from the Arborist Report, but referred to in the Arborist Report). 23) ❑ Photos-all trees 24) ® Photos-significant trees 25) ❑Table/plan report format 26) ® Full Arborist Report format 27) ® Other information:an envelope around the potential building area of where it would be best (relative to tree protection) not to grade or construct So that I can most effectively complete my assignment for your project, please send me as many of the following documents as possible: ❑ Full-size set of plans-sent by regular mail. At minimum please include: existing topo survey (with existing trees (trunks) located on the plan,proposed site layout, grading/utility plan, landscape plan. Shipping address: 12824 Saratoga Glen Court,Sarctoga CA 95070. Plans can be left at the front door. ❑ .JPG or.PDF files of the above plans (also with existing tree trunk locations shown). I will annotate these plans and include them in the report to show tree tag numbers and locations. At this time my schedule would allow me to perform the field work portion of this project on October 24 or 25,with the arborist to be finished within a week after that. %F=# r'.exa'w'h'x K'M.x*M*:✓. xxk.Y:',%a:'a v.'3:e*ae Sincerely, fieltptilL Deborah Ellis, MS. Consulting Arborist & Horticulturist Certified Professional Horticulturist#30022 ASCA Registered Consulting Arborist#305 I.S.A. Board Certified Master Arborist WE-457B PO Box 3714,Saratoga,CA 95070. 408-725-1357. decah @pacbell.net. http://www.decah.com. Arborist Report Proposal for McClellan Ranch Improvements. October 17,2012. Page 3 of 3 W. Rym 9 Request for Taxpayer Give to=to the .. - ri 2a7.5) Identification Number and Certification requester. Do not C.40.11«ti1 cI 14,4 Tr4244.11 send to the IRS. licsioid Rt.,o,,4 6 name ma atomn ol your ncorre Lax rettri) & beborah L. Ellis a . &,-,f%ess wile% r tIrtiererK Ir -abeborah Ellis, MS. Consulting Arborist 4& Horticulturist, L1.0 'kJ inthyd..1? , El ri,..Vri t:44::c..p ." -5 (Ti.t;i:4feiropraik bat: 4. Ek.1 14 pr..:1;:,. 't..r.,.:r El Ca_rfinfalioq E] Pi‘livi•Wor: LI ."7.41'if lo ..,. . ,_. . . ej eehreeng ....i Mareoaa)-kurter.street ald nal or aJte no.: l-,eacuea7e-r'a-kaire.ard,led,eaa Ir.,•ployanli I A PO Box 3714 Cie.titre_ airl ZIP vode Sarat090. CA 95070 Jr:axourl".ribell he luptaana: Part I Taxpayer Identification Number (TIN) Enter your TiN n the riate box. The TiN prorded must match the non*',yen on Ur* 1 to avoid $ c-41I otHAIrItY nUmber backup wlihhoidiril. For incivIduals, this is.yOUf social security number(SS'P Hoivever, for a reek:lent alien, sobs proprietor.or disregarded entity, see the Pail I irrstruollone on page 3. For other enllties.it i9 your employer identitictation number ilEINI. ir you do not have a l'&11r1t>9t.see How to get a TW on page 3. or Nate_re the ecoovnt is.n more than one name, see the OW on page 4 to gukcialmes ar■Lirnose r‘JrnblaY EmPlorw IdelASIGaltwo ntinlb4r to tinter 111 [ 1 [ 11 ME Certification Under penalties at perlury, I certify that. 1. The number shown an this form is my correct taxpayer iderniticaticri number(or I am wartng for a number to be issued to mel, land 2. 1 am not isubject to backup withholding because: ley I am exempt from backup withholding..or ilo}I have not been notified by the Internal Revenue Service(IRS}that I am subject to bocki4a wilhhdding as a result c4 a'failure to moon all iriterest or dividends,or kci the IRS has notified me that I am no longer silcject to boclup withholding. arri 3. I am a U.S.person(including a U.S. resident alien). Certification instructions. You must crose out item 2 above if you have been notified by the IRS that you are citrenIty'subject to backup withholdng because you have failed to report at interest and dividends an our lax return. For real estate transartionis.,item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured properly, cancellation of debt, c*ritribuUcris to an individual retirement arrangement(1114, and geheraly, payments other than interest and ciyiderda. you are not required to sign the Certification.but you must provide your correct TIN.(See the inatiuctiors on page 4.1 Sign &gnat'',el 4 I I • Here u.ri.pinyon 10' 4 0 11 0 10: 0, eleboller Deo lb. January 1,20 12 Purpose of Form A person who i required te file an informartiorl return with the P My emote{other than a iereign esite) or trust See IRS, must Waif your correct taxpayer identilicaticei nuriber Regulations sections 301.7701-6410 and 71:a for additional (TIN) to report,for example, income paid to you, real estate Mon-nation. transactions, mortgage interest you paid, acquisition or Foreign person.If you are a foreign persen, do not use abareionment of secured property,cancellatian of debt, or =arm W-9. Instead, use the appropriate Form W-8 (see contributions you made to art IRA. tiplication 515.Withholding of Tax on Nonresident Aliens U.S. person. Use Form W-9 only If you are a U.S. person end Foreign Entities), (Including a resident alien), to provide your correct TIN to the Nonresident alien who becomes a resident alien. person requesting it (the requester) and, when applicable, to: '3eneralty, lardy a nonresident alien Individual may use the 1. Certify that the TIN you are giving is correct tor you are .:erms of a tax treaty to reduce or eliminate U.S. tax on waiting for a number to be issued}, eertein ty.re et ineome. However, most tax treat conteri a provision knoviri as a "sang clause." Exceptions specified 2. Certity that you are not subject to backup Ivithholidieg, n tea saving clause may permit an exemption from tax to Of eontinue for certain types of income even after the recipient 3. CUM exemption from bacleap withhoidIrg If you are a eels otherwise become a U.S. resideet alien for tax pu'poses. U.S. exempt payee_ If you are a U.S. resident alien Wm) di relying on an I4ote. ft a requester givEis you a form other than Form Viee to exceptcn ccntained in the saving obese of a tax treaty to rogues-1 your rAir you must cite the regnetter's form A'it is F claim an exemption from U.S. tax on certain types of income, sub-Vs/really Weider to this orm leL9.. you must attach a statement to Form Wee that specifies the For federal tax purposes you are considered a person II yeAu 'bIlowlrig five Items: are! 1. The tre-aty country. Generally, this must be the same • An individual who Is a citizen or resident of the United •Teaty under which you claimed exemption from tax as a States, nonresident alein • A partner:hp, corporation, company,or association 2 Th9 treaty article addressing the income crested or organized in the United States or reeier the laws 3. The &Ice, number en Iceation) in the tax treaty that of the United States, or contains the saving clause and its exceptions_ ear. ee. .',12.3 IX rorrr W-9 IRN. 1-21"..11X,)