15-037 Executive Casework for revision of Building Plan Chek Counter Area t.
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND EXECUTIVE
CASEWORK FOR REVISION OF THE BUILDING PLAN CHECK COUNTER AREA
THIS AGREEMENT, for reference dated March 24, 2015, is by and between CITY
OF. CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and
EXECUTIVE CASEWORK, whose_address is 945 Berryessa Road, Suite C-7, San Jose,
CA 95113 (hereinafter "Contractor"), 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. City and Contractor desire to enter into an agreement for revision to the
Plan Check Area in the City of Cupertino, City Hall, per Exhibit"A".
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The Contractor shall begin work on March 24, 2015, and shall terminate on
December 31, 2015,unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Contractor agrees, at its own cost and expense, to furnish all labor, tools,
equipment, materials, except as otherwise specified, and to do all work strictly in
accordance proposal (Exhibit "A") hereby referred to and expressly made a part hereof
with the same force and effect as if the same were fully incorporated herein.
3. COMPENSATION TO CONTRACTOR:
Contractor shall be compensated for services performed pursuant to this
Agreement an amount not to exceed ELEVEN THOUSAND, .NINE HUNDRED AND
THIRTY EIGHT DOLLARS ($11,938.00) as set forth in Exhibit "B" attached hereto and
incorporated by reference.
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Contractor Agreement
4. TIME IS OF THE ESSENCE:
Contractor and City agree that time is of the essence regarding the performance
of this Agreement.
5. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of specially trained 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 Contractor intend that the relationship between them created by this
Agreement is that of an independent contractor. The manner and means of conducting
the work are under the control of Contractor, 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 Contractor'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 Contractor, 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
Contractor. Payments of the above items, if required, are the responsibility of
Contractor.
7. IMMIGRATION REFORM AND CONTROL ACT (IBCA):
Contractor assumes any and all responsibility for verifying the identity and
employment authorization of all of its employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Contractor shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Contractor.
8. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Contractor agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
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Contractor Agreement
Contractor or Contractor's employee 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. Contractor agrees that any and all violations of this
provision shall constitute a material breach of this Agreement.
9. 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.
Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in these sections from each and every subcontractor or any other
person or entity involved by, for, with, or on behalf of Contractor in the performance of
this agreement. If Contractor fails to obtain such indemnity obligations from others as
required here, Contractor agrees to be fully responsible according to the terms of this
section.
10. INSURANCE:
On or before the commencement of the terms of this Agreement, Contractor 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 and D. Such certificates, which do not limit Contractor's
indemnification, shall also contain substantially the following statement: "Should any of
the 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." Contractor shall also provide a certification before commencement of
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Contractor Agreement
work under this Agreement, which states, ""I am aware of the provisions of Section
3700 of the Labor Code which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance with the provisions
of that code, and I will comply with such provisions before commencing the
performance of the work of this contract."
It is agreed that Contractor 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:
Contractor 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: $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
B. 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,
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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 City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Contractor 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
Contractor's name or as an agent of the Contractor and shall be compensated by the
Contractor 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 worker's compensation insurance. 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 Contractor. Contractor is advised to consult Contractor's insurance broker to
determine adequate coverage for Contractor.
11. BONDS:
Contractor is not required to provide bonds.
12. PROHIBITION AGAINST TRANSFERS:
Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without
prior written consent of City. Any attempt to do so 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 Contractor from City under this Agreement may be
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Contractor Agreement
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
Contractor.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Contractor, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Contractor is a partnership or joint
venture or syndicate or cotenancy, which shall result in changing the control of
Contractor, 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 are listed in Contractor's bid shall be used in the
performance of this Agreement.
Requests for additional subcontracting shall be submitted in writing, describing
the scope of work to be subcontracted and the name of the proposed subcontractor.
Such request shall set forth the total price or hourly rates used in preparing estimated
costs for the subcontractor's services. Approval of the subcontractor may, at the option
of City,be issued in the form of a Work Order.
In the event that Contractor employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required
to carry general and automobile liability insurance in reasonable conformity to the
insurance carried by Contractor. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
14. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, certificates and licenses, including a City Business
License, that may be required in connection with the performance of services
hereunder.
15. REPORTS:
Each and every report, draft, work product, map, record and other document
reproduced, prepared or caused to be prepared by Contractor pursuant to or in
connection with this Agreement shall be the exclusive property of City. Consultant may
retain a copy of any report furnished to the City pursuant to this Agreement.
No report, information nor other data given to or prepared or assembled by
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Contractor pursuant to this Agreement shall be made available to any individual or
organization by Contractor without prior approval by City.
Contractor shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
16. RECORDS:
Contractor 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.
Contractor 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. Contractor 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 Contractor 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 second 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 Contractor to City shall be
addressed to City at:
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
Attention: Albert Salvador,Building Official
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Contractor Agreement
All notices, demands, requests, or approvals from City to Contractor shall be
addressed to Contractor at:
Executive Casework 945 Barryessa Road, Suite C-7
San Jose, CA 95133
Attn: David Brown
18. URBAN RUNOFF MANAGEMENT:
The Contractor shall avoid creating excess dust when breaking asphalt or
concrete and during excavation and grading. If water is used for dust control,
contractor shall use as little as necessary. Contractor shall take all steps necessary to
keep wash water out of the streets, gutters and storm drains.
The Contractor shall develop and implement erosion and sediment control to
prevent pollution of storm drains. Such control includes but is not limited to:
A. Use storm drain inlet protection devices such as sand bag barriers, filter
fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the
rainy season (October 15), in site de-watering activities and saw-cutting activities;
shovel or vacuum saw-cut slurry and remove from the site).
B. Cover exposed piles of soil or construction material with plastic sheeting.
All construction materials must be stored in containers.
C. Sweep and remove all materials from paved surfaces that drain to streets,
gutters and storm drains prior to rain as well as at the end of the each work day. At the
completion of the project, the street shall be washed and the wash water shall be
collected and disposed of offsite in an appropriate location.
D. After breaking old pavement, Contractor shall remove all debris to avoid
contact with rainfall or runoff.
E. Contractor shall maintain a clean work area by removing trash, litter, and
debris at the end of each work day. Contractor shall also clean up any leaks, drips, and
other spills as they occur.
The objective is to ensure that the City and County of Santa Clara County-Wide
Clean Water Program is adequately enforced. These controls should be implemented
prior to the start of construction, up-graded as required, maintained during
construction phases to provide adequate protection, and removed at the end of
construction.
These recommendations are intended to be used in conjunction with the States
Best Management Practices Municipal and Construction Handbooks, local program
guidance materials from municipalities, Section 7.1.01 of the Standard Specifications
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Contractor Agreement
and any other appropriate documents on storm water quality controls for construction.
Failure to comply with this program will result in the issuance of noncompliance
notices, citations, project stop orders or fines. The fine for noncompliance of the above
program is two hundred and fifty dollars ($250.00) per occurrence per day. The State
under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to
Cal.Water Code'13385.
19. TERMINATION:
In the event Contractor fails or refuses to perform any of the provisions hereof at.
the time and in the manner required hereunder, Contractor shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of
two (2) days after receipt by Contractor 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 Contractor 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 Contractor 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.
20. COMPLIANCE:
Contractor shall comply with all laws, state or federal and all ordinances, rules
and regulations enacted or issued by City.
A. PREVAILING WAGES: Contractor shall comply with the City's Labor
Compliance Program and all-other requirements set forth in Labor.
Code section 1770 et seq. The City shall require payment of the general
rate of per diem wages or the general rate of per diem wages for
holiday and overtime work. Contractor will submit monthly certified
payroll records to the City for all employees and subcontractors in a
preapproved format or a City provided form. Any delay in remitting
certified payroll reports to the City upon request from the City will
result in either delay and/or forfeit of outstanding payment to
Contractor.
B. WORKING DAY: Contractor shall comply with California Labor Code
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Section 1810, et seq. which provides that work performed by
employees of contractors in excess of 8 hours per day, and 40 hours
during any one week, must be compensated as overtime, at not less
than 1 1/2 times the basic rate of pay.
C. PAYROLL RECORDS: Contractor shall comply with California Labor
Code Section 1776 which requires certified payroll records be
maintained with the name, address, social security number, work
classification, straight time and overtime hours worked each day and
week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed by him or her in
connection with this Agreement. The Payroll Records shall be made
available for inspection as provided in California Labor Code Section
1776.
D. APPRENTICES: Contractor shall comply with California Labor Code
Section 1777.5 regarding apprentices.
21. 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.
22. ADVERTISEMENT:
Contractor 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.
23. 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
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Contractor Agreement
character. ."
24. 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
Contractor.
25. 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.
26. 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.
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Contractor Agreement
P.O. No.
�C>(s
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed
on the day and year first above written.
CONSULTANT CITY OF CUPERTINO
Executive Casework A Municipal Corporation
By By
Tie Title O l o l d" �ff )C-"i L
Date 3 /r Date C'1
A PROVED AS TO FORM: RECOMMENDED FOR APPROVAL
Aq- �
Ci Attorney lbert Salvador, Building Official
ATTEST:
City Clerk
EXPENDITURE DISTRIBUTION
Acct: 100-73-713 700-702
PO #2015-00CrV 1-//S
Total: $11,938.00
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Contractor Agreement
Executive Casework Exhibit A.
945 Berryessa Road Suite C-7
San Jose, CA 95133
(408) 436-9603
City of Cupertino - Plan Check Counter
Basement
Plan Check Area
P-lam die-wall 38"tall and 4"thick with removable access panels 20.00' $140.00 $2,800.00
P-lam counter 30"deep with a 5 1/2"alder nose with finish to match
existing counter 16.50' $110.00 $1,815.00
P-lam ADA counter 42"deep with a p-lam nose $425.00
P-lam counter support panels at ADA section 2 $155.00 $310.00
P-lam open base cabinet 24"deep and 38"tall 10.00' $150.00 $1,500.00
P-lam box/box/box/file drawer bank 18"wide 2 $450.00 $900.00
Note: P-lam to be a complementary color to the existing (existing may not be availible)
Sub-total $7,750
Sales tax @ 8.75% $678
Sub-total $8,428
Shop Drawings, Delivery&Installation (Saturday) $2,950
Base Bid Total $11,378
Alternate#1
Demo of existing counter,cabinets and die-wall $560
Not In Contract
In-wall backing
Electrical
Data
Surface hardware to be brushed chrome 3 1/2"wire pulls
Rubber baseboard at toe-kick
Contract No.
Exhibit B
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 in Exhibit "A" and reimbursable expenses shall not exceed a total of
ELEVEN THOUSAND NINE HUNDRED THIRTY EIGHT dollars ($11,938.00),
as set forth below. 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.
Task Not to Exceed Amount
Plan Check Counter Revision $11,378.00
Demolition $ 560.00
Total $11,938.00
Invoices
❑ Monthly Invoicing: 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 period,
personnel who performed the services, hours worked, task(s) for which work
was performed).
❑ Invoicing based on percentage of work complete: (select Public works contracts
only)
On the first day of each month, Consultant shall submit a written estimate of the
total amount of work done the previous month. Payment shall be made for 90%
of the value of the work. The City shall retain 10% of the value of the work as
partial security for the completion of the work by Consultant. Retained amounts
shall be paid to Consultant within Click here to enter text, days of acceptance by
the City of the project. Payment shall not be construed as acceptance of defective
work. No interest will be paid to Consultant on retained funds.
❑ Other billing:
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Cupwi.Standard Farm C.ma-updaud 212015
Contract No.
Reimbursable Expenses
Administrative, overhead, secretarial time or overtime, word processing,
photocopying, in house printing, insurance and other ordinary business
expenses are included within the scope of payment for services and are not
reimbursable expenses. Travel expenses must be authorized in advance and shall
only be reimbursed to the extent consistent with City travel policy.
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.
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Cupertino Standard Form Contract-updated 212015
Contract No.
Exhibit C
Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City
named as additional insured.
Consultant shall maintain the following minimum insurance coverage:
A. COVERAGE:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liabilitv:
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 Liabilitv
Professional liability insurance which includes coverage for the
professional acts,errors and omissions of Consultant in the amount of at
least$1,000,000.
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CuKnino Slanda,d Fom,Contras-upda¢d 2/2015