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18-160 Arbor Pro Inc., Tree Inventory, Data Integration and Analysisf o 2{)1 1 -1 01 CITY OF g PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made and entered into as of .c...Ju=l~y....c9 ..... ,-"-2;....c.O...c;.1"""8 ____________ _ ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Arbor Pro Inc. ("Contractor"), a California Corporation for Tree inventory, data integration and analysis. 2. SERVICES Contractor agrees to provide the services and perform the tasks ("Services") set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on December 31st, 2018 ("Contract Time"), unless terminated earlier as provided herein . Contractor's Services shall begin on. August 6, 2018 and shall be completed by December 31st, 2018 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $ 73 000.00 ("Contract Price"), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor's actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments . Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. Project City of Cupertino Tree Inventory Data Integration and Analysis Page I of8 Professional/Consu/ting Contracts /Version : May 22, 2018 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker's compensation or other benefits from the City. 5.2 Contractor's Qualifications. Contractor warrants on behalfofitself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the tenns and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. -5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Agreement. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document or other information or work, in any medium (collectively, "Work Product"), prepared by Contractor in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of U.S. Code, all Work Product arising out of this Agreement is considered "works for hire" and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City's written approval. Project City of Cupertino Tree Inventory Data Integration and Analysis Page 2 of8 Professional/Consulting Contracts/Version: May 22, 2018 7 .3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects . 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor's performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four years from the date of City's final payment. 9. ASSIGNMENT Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or incj.irectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City's contributions in making the project possible. The words "City of Cupertino" will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold Project City of Cupertino Tree Inventory Data Integration and Analysis Page 3 of8 Professional/Conrnlting Contracts/Version: May 22 , 2018 harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; ( c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City's confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Agreement. 11.3 Contractor's duties under this section are not limited to the Contract Price, workers' compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor's compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. Project City of Cupertino Tree Inventory Data Integration and Analysis Page 4 of 8 Professionaf!Conrnlting Contracts /Version: May 22, 20/8 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a "public works" component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. 13.4 Conflicts oflnterest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of the California Code of Regulations. Contractor agrees to abide by the City's rules governing gifts to public officials and employees . 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Andy Badal as the City's representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns William C. Brown ______ as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time . Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be Project City of Cupertino Tree Inventory Data Integration and Analysis Page 5 of 8 Professional/Consulting Contracts /Version : May 22, 2018 given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services . 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute . If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. TIDRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of a bre·ach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail. Project City of Cupertino Tree Inventory Data Integration and Analysis Page 6 of 8 Professional/Consulting Contracts /Version: May 22. 2018 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. 24. SEVERABILITY IP ARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing ·to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service , on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or ce1tified, or the next business day following electronic submission: To City of Cupertino 10300 Torre Ave ., Cupertino CA 95014 Attention: Andy Badal Email: andyb@cupertino.org 27. VALIDITY OF CONTRACT To Contractor : Arbor Pro Inc. -------------22605 E. La Palma Ave. #509 Yorba Linda, CA 92817 Attention: Keri Isbister Email: Kisbister@arborprousa.com This Agreement is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, as amended from time to time, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. Project City of Cupertino Tree Inventory Data Integration and Analysis Page 7 of 8 Professional/Co11s11/tillg Contracts /Version : May 22. 2018 28. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONTRACTOR Arbor Pro Inc. A Corporation Name Keri Isbister Title Office Manager Date ry ,U 3 4 f': Tax I.D. No.: 30-0223853 ------- Cupertino Acting City Attorney CITY OF CUPERTINO A Municipal Corporation By ~ Name Timm Borden Title Director of Public Works --= Project City of Cupertino Tree Inventory Data Integration and Analysis Page 8 of 8 Professio11al/Consulting Contracts !Version : May 22. 2018 1\ ... '4 ',' ' ,., ~ ,.,,,,tl "~~~ 'k' ' ' -_:/'2 Methodology "Exhibit A" Arb~ URBAN F'CJRE.9T MANAGEMENT ArborPro, Inc. is prepared to update the GIS-based tree inventory of approximately 22,000 trees for the City of Cupertino. We intend to locate, inventory and assess meeting ISA standards, all locations as outlined in your RFP's Scope of Services. We will also verify, reconcile and correct discrepancies in GIS positioning of all city trees to be within sub-meter accuracy. We will provide the City of Cupertino with all the data collected in a geodatabase in California State Plane Zone 3, NAO 83, Survey Feet, and we can also deliver the data in the following electronic formats (Microsoft Excel, Access, and ESRI shapefile). ArborPro intends to prepare an iTree Streets analysis and report with all the tree inventory data collected. We would like to provide the City with our tree inventory program ArborPro at no cost if they choose to use it to maintain this data. City and park staff can easily use ArborPro to focus on tree health, history, maintenance, tree risk and safety of the public. By using this program, it can only add to the value of the urban forest in Cupertino as you will surely be recognized as a Tree City USA City for the 7th consecutive year. Kick-Off Meeting Our staff will meet with designated staff from the City before the commencement of the project to determine and agree upon project standards. The ArborPro team completes a checklist to address and verify all necessary topics and schedule all base data delivery. Data Collection Process Our staff will utilize Panasonic ToughPad tablets to collect the data necessary for the tree inventory and update. They will also utilize a Trimble handheld GPS unit if needed to locate GPS coordinates in locations that require a separate GPS unit. Each arborist will also have a DBH tape, clinometer, laser range finder, GoPro camera and any other necessary equipment. Our quality assurance queries include both tabular data review as well as spatial quality control scripts. Daily Monitoring We monitor our data collector's progress on a daily tracking sheet. This information provides the number of trees surveyed by each Arborist each day, and it maintains a running count of progress on the project at any given time. To the right is a copy of the daily tracking sheet for the City of San Francisco. ArborPro DailyPr osress Tr.1ckine 0\vo(»n fr.:afl(i~co J/1J/l:JU J,,\1\o.im11 CUll!rllltl\lT\Or.d J/ll/:il li Cn..andlu!;lc,·1ar::I lnnuRld:r,c:,id 19) ,,...,,,,1::,.11a1;,a,1.c .... 111t•111C,r, ill 2-1 ) !lu,:i ,,,,,r,uH:n w,\!I ~t :in o, CiU'l '" "' l /~nou cundlu ~1e .... ,n1 inner A1ttir"lc r.d 2~1 J/?l/:OU Cf\indlN!ltot ,·,Md lnnNlht~mor.d 11' l l!l/:011 <tn Gnt bY :lcr\rtro ll dlt ----c,,~,, ·-------l l /l6/l016 (fnGr•bil Pc rllll!JUH•l h UJ l/J7/:a1t oc,nau.•11; :icm t10H1ll1 ~l V .lll!OH 1/t.nGr,;,1,f .tO,trcro M,111 ~ll "' , .. '" "' , ... Arbor Pro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA ... ...,.., , ,, . ~·. ;' 'i\:--,, ·,. , ·t. '<~ ,, '-'" Arb~ URBAN F""ClREST MANAGEMENT Our Project Manager will be in constant contact with the City or designee. He will email the starting locations for each Arborist each day and report any issues that were identified in the field the previous day. This level of constant communication results in a high-quality inventory that will meet the standards set forth by the City of Cupertino. We can identify any potential issues immediately, notify the client and rectify the problems in real time. We have found that constant communication results in a quality product with very little room for errors. Daily Quality Control Our Project Manager and Team Leader will be responsible for the quality of our data daily. At the end of each workday, the data collectors download their data and send it to our GIS Analyst. Our GIS Analyst then runs a complex set of quality assurance queries. Any abnormalities are sent to the Project Manager for immediate review. A few examples of the QC queries include: Tabular Queries Spatial Queries Weekly Review Condition vs Recommended Maintenance (ex. Good condition tree<> Priority 1 Removal) No duplicate Addresses Species Review -All species meet regional species Height vs DBH Parcel Address= Point Address Centerline= Point Street Side Tree vs Front Tree Identification The data collected by each data collector is reviewed by the Project Manager on a weekly. Once our team has run the quality assurance scripts, we will provide the Project Manager with a series of work orders for him/her to inspect. Weekly Progress Reports ArborPro prepares a weekly progress report for the City the first day of each work week. This report will include detailed maps of the areas completed, metrics, and a listing of all the trees surveyed the previous week as well as projections for the following week. We address all action items from previous meetings and create new action items if needed. ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA ,,,,. ~'-' .~. ' -F-'.-"L: ~ . .1 . . ,;,,\~ .,• .. __ ;. .. Milestone Meetings Arb~ URBAN F'CJREST MANAGEMENT Our project manager will conduct Milestone meetings with staff from The City of Cupertino's Tree/ROW Division and Technology Department at the intervals specified in the Milestone Meetings Schedule. Professional Appearance ArborPro, Inc. understands that while on the public right-of-way and streets performing our tree inventory services, we represent the City as a City contractor. We train all our employees with our customer service program. They are all professional individuals who know that the public often has questions regarding the need to provide the survey, etc. While always polite and professional, we will typically provide the resident with a city contact to answer the questions . We would recommend as in the case of the City of San Francisco, that we develop a postcard or door hanger for residents who have questions. This proactive approach often results in posit ive public feedback . Our empl oy ees w ill al w ays dress in a profess iona l man ner. They will have an identification badge, wear a safety vest, company polo shirt, work boots, etc. Tree Inventory Data Fields Per the Invitation to Bid specifications, the data collected will include all the fields requested by the City. These fields will all be reviewed and discussed at the kick-off meeting. We understand that at a minimum the information collected will include: • • • Unique Tree ID Species Common Name DBH Height • Canopy Diameter Location Type Side • Site • Growspace Arbor Pro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844 -DATA ··.:;, l:<'1,. '! I ' ;'~~ ·r :.: ··- . ·-.,., .. ti..:.'r• Arb ·~ URBAN F'OREST MANAGEMENT • Has Cables • Has Bolts • Traffic Light Clearance • Sign Clearance Street Light Clearance Building Clearance Overhead Utilities Additional Maintenance Fields Priority 1 Removal • Priority 2 Removal Priority 3 Removal • Priority 1 Prune Priority 2 Prune • Stump Removal Proposed Timeline & Meeting Schedule • Flow Line Damage Trip Hazard Damage • Last Inspection Date • Condition • Notes Water Bag • Observations Pests Present Pre-Job Meeting Conference Call to review job scope and requirements. Kick Off Meeting Base Data Acquisition A Kick-Off Meeting will be required prior to commencement. "Exhibit B" Following the Kick Off Meeting, ArborPro would like to receive all pertinent base data from the City of Cupertino within five days. We would also request all pertinent Right of Way maps or run books at this time. Start Field Assessment Day 1 Weekly Project Review Meetings These meetings will be held every Monday with our Field Operations Manager and a designated representative of the City. We will discuss project progression; deliver summary reports and a shapefile of completed work to date. Week 2 -Technical Advisement ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA :·-7~·~::~~ ',.""j ~· ... :,. '• * ~~ ~ ,,., .... \ ~~ . Arb~ URBAN F"CRE:ST MANAGEMENT Following the first week of data collection, our technical staff can process and deliver the data to the City in order to validate the first set of data and check for any necessary adjustments Weekly Project Review Every Tuesday, a conference call can be held with ArborPro Supervisors, Field Operations Manager, and designated City of Cupertino staff. We will discuss project progression; review summary reports and a GIS shapefile of completed work to date. Progress Meetings f_rogress meetings will be conducted with Cupertino City Staff when 25, 50 and 75% of the inventory and mapping have been completed. Milestone 1 Day 66 100% of Field Assessment Completion. Meeting to review and discuss deliverables Milestone 2 Meeting Day 73. Delivery of updated Geodatabase. Meeting to review and discuss deliverables Milestone 3 Meeting Day 80 Completion of iTree Streets analysis and report. Meeting to review report and discuss deliverables. ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA PRICING Task Inventory ·--' " ·~ ',"", . .1 t. ... ~ • ' _ .. , " ',?' :/':,. ~ iTree Analysis ArborPro License 1 yr Project Total Tree Count 22,000 22,000 22,000 "Exhibit C" Arb~ URBAN F"c:JREST MANAGEMENT U/M Price Total Per Tree 2.95 64,900.00 Lump Sum 750 750.00 Per Tree 0 .00 0.00 65,650.00 The field assessment and tree inventory per unit price includes preparation of the geodatabase deliverables, and progress and milestone meetings as required in the scope of services. Arbor Pro Inc . 22605 La Palma Ave #509 Yorba Linda, CA 92887 877 -844-DATA EXHIBITD Insurance Requirements Design Professionals & Consultants Contracts Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MJNIMUMS REQUIRED Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. v 2 Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. \/3. Workers' Compensation: As required by the State of California, with Statutory Limits and Employer's Liability Insurance ofno less than $1,000,000 per occurrence for bodily injury or disease. D Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant's )x profession, with limits no less than $2,000,000 per occurrence or $2,000,000 aggregate. If written on a ~ \ claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of theServiccs. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Exh. D-lnsurance Requirements/or Design Professionals & Consultants Contracts Form Updated Feb . 2018 1 Additional Insured Status ,The City of Cupertino, its City Council, officers , officials, employees, agents, servants and volunteers ,V ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL policy. General Liability coverage can be provided in the form of an endorsement to Consultant's insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 3 7 forms , if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant 's insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of S11brogation , $c onsultant waives any right to subrogation against City/ Additional Insureds for recovery of damages to the V ex tent said losses are covered by the insurance policies required herein. Specifically, the Workers' Compensation policy shall be endorsed w ith a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants . This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/ Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must qe licensed to do business in California with an A.M. Best Rating of A-VII, orbetter. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements ( or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time duringthe Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies . Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above , City shall be entitled to coverage for the higher insurance limits maintained byConsultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice . Exh. D-lnsurance Requirements for Design Professionals & Consultants Contracts Form Updated Feb . 2018 2 ARBOINC-01 GCHO ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 08/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERT I F ICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy , certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License# 0757776 2~~!~cT Saengdao Vongpanya Santa Barbara, CA -HUB International Insurance Services Inc. FlJ8,NJo , Ext): (805) 361-1 0 1 8 I FAX PO Box 3310 (A/C , No): Santa Barbara, CA 93130-3310 ~~lJk-.-.,saengdao.vongpanya@hubinternational.com INSURER1Sl AFFORDING COVERAGE NAIC# INSURER A : Nationwide Mutual Insurance Comoanv 23787 INSURED INSURER B : Wesco Insur ance Comoanv 25011 ArborPro Inc. INSURER C : Mr. Keith Hennig 22605 La Palma Ave. #509 INSURER D : Yorba Linda, CA 92887 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLI C IES OF INSURANCE LISTED BELOW HAVE BEEN ISS UED T O THE INSURED NAMED ABOVE FOR THE POLIC Y PERIOD INDICATED. NOTWITH STANDING A NY REQUIREMENT, TERM OR CONDITION OF AN Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA IN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A LL THE TERMS, EXCL USIONS AND CONDITIONS OF SU C H POLI C IE S. LIM ITS SHOWN MAY HAVE BEE N REDU CED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDL SUBR POLIC Y NU MBER POLICY EFF ,r.g~J%~, LIMITS LTR '""'D un D "'"/Dflivvvv1 A X CO MMERCIAL GENERAL LIABILITY EACH OCC UR RENC E $ 1,000,000 ,/ ~ ~ CLAIMS-M ADE 0 OCCUR X ACP3027585324 .,.,.,.--02/17/2018 02/17/2019 1,,g~~t~iJ9E~~~;,\'Jlencel $ 100,000 MED EXP 1Anv one nerso nl ~ $ 5,000 PERSONAL & ADV INJURY $ 1 ,000,000 ~ v GEN 'L AGGREG ATE LIMIT APPLIE S PER : GENERAL AGG REGATE $ 2,000,000 Fl PO LI CY D m?i' D LOC PRODUC TS -COM P/OP AGG $ 2,000,000 OTHER : $ ~ \ ifc~~~~~~~1f 1NGL E LIM IT ~TOMOBILE LIABILITY ()~ $ ANY AUTO BODI LY INJURY IPer oerson l $ ~ OWN ED -SCHEDUL ED \~ \_, ~ AUTOS ON LY -AUTOS cY" BODI L y INJURY IPer accide nt) $ HIRED NON-OWNED )p~9 ~~c~di;,it~AMAGE $ - ~ AUTOS ON LY -AUTOS ON LY ---._ / --$ A X UMBRELLA LIAB ~ OCCUR EAC H OCCURR ENC E $ / 2 ,000,000 I ACP3027585324 02/17/2018 02/17/2019 7 EXCESS LIAB CLAIMS -MADE AGGREGAT E $( 2 ,000,000 DED I X I RE TENTION $ 0 $~ B WORKERS COMPENSATION )< I ~ff T' 'TE I I OTH-'-.... AND EMPLOYERS' LIABILITY ER Y /N X WWC3305787 09/24/2017 09/24/2018' 1,000,000 V"' ANY PROPRI ETOR /PARTN ER/EXECUTI VE I}] E.L. EAC H ACCI DEN T $ OFF IC ER/M EMBER EXC LUDED ? N/A (Mand atory in NH) E.L. DISE ASE -EA EMP LOYEE $ 1,000,000 ~m;~ftfri~ O~gPE RATIONS below E.L. DISE ASE -PO LI CY LIMI T $ 1,000,000 DESCRIPTIO N OF OPERATIONS/ LOCATI ONS / VEHICLES (ACORD 101, Add itio nal Remarks Schedul e, may be atta ch ed If more spa ce is require d) **Umbrella Coverage Added Effective 7/30/2018 to 2/17/2019** The City of Cupertino, its City Counc il, officers, officials, employees , age nt s , servants and volunteers ("Additional Insureds") are to be covered as additional insureds on Consultant's CGL policy . This insurance is cons i dered Primary and Non-Contr ibut ory per the attached form Waiver of Subrogation in favor of the certificate holder as respects to the Worker's Compensation Pol i cy , per the attached form CERT IFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLIC IES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I ~~ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 72121216 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V. COMMERCIAL GENERAL LIABILITY COVERAGE ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I -COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is amended as follows: 1. Paragraph {2){a) of Exclusion g. Aircraft, Auto Or Watercraft is replaced with : {a) Less than 51 feet long; and 2. The following is added to Exclusion j. Damage To Property : {a) Paragraphs (3) and (4) does not apply to "property damage" to borrowed equipment while not in use, while at the insured's premises or a job site; or {b) Paragraph (4) does not apply "property damage" to customers goods while on the insured 's premises for the purpose of being worked on or used in a manufacturing process. Limit of Insurance -The most we will pay for damages for "property damage" coverage provided by this coverage in any one "occurrence" is $10 ,000 . Deductible -Our obligation to pay for a covered loss applies only to the amount of loss in excess of $500 . We will pay the deductible amount to effect settlement of any claim or "suit" and, upon notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. This insurance is excess over any other valid and collectible insurance. 3. The last paragraph of 2. Exclusions is replaced with : If Damage To Premises Rented To You is not otherwise excluded , exclusions c. through n. do not apply to damage by fire, lightning , explosion , smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill -Limits of Insurance. SECTION I -COVERAGES, SUPPLEMENTARY PAYMENTS -COVERAGES A AND Bis amended as follows: 1. Paragraph 1. b . is replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1. d. is replaced with: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II -WHO IS AN INSURED is amended as follows : 1. Paragraph 3. a. is replaced with: a. Coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier ; 2. The following is added: 4. Additional Insured -Automatic Status When Required In An Agreement With You Who Is An Insured includes person(s) or organization(s) described in Paragraphs a. - i. below with whom you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. a. Co-Owners Of Insured Premises - with respect to their liability as co -owner of the premises. CG 72121216 Includes copyrighted material of ISO Properties, Inc ., with its permission . Page 1 of 5 ----------= ("p GLO 3027585324 , L67P 17354 INSURED COPY 47 0001080 CG 72121216 However, their status as additional insured under this po li cy ends when you cease to co-own such premises with that person or organization . b. Controlling Interest -with respect to their liability aris ing out of their financial control of you; or premises they own , maintain, or control while you lease or occupy these premises . This insurance does not apply to structural alterations , new construction and demolition operations performed by or for that person or organization . However, their status as additional insured under this policy ends when they cease to have such controlling interest. c. Grantor of Franchise or License - with respect to their liability as granter of a franchise or license to you. However, their status as additional insured under this policy ends : (1) when the ir contract or agreement with you granting the franchise or license ends or expires; or (2) when your license is terminated or revoked prior to expiration of the license as stipulated by the contract or agreement. d. Lessors of Leased Equipment -with respect to their li ability for "bodily injury", "property damage " or "personal and advertising injury" caused in whole or in part by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence " which takes place after the equipment lease expires . However, their status as addit ional insured under this policy ends when their lease, contract, or agreement with you for such leased equ ipment ends . e. Managers, or Lessors of Premises - with respect to liability arising out of the ownership , maintenance , or use of that part of the premises leased to you . This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises . Structural alterations , new construction, or demol ition operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises . f. Mortgagee, Assignee, or Receiver - with respect to their liability as mortgagee , assignee, or receiver and arising out of the ownership , maintenance , or use of the premises by you. This insurance does not apply to structural alterations , new constructions, and demolition operations performed by or for that person or organization. However, their status · as additional insured under this policy ends when their status as mortgagee , assignee , or receiver ends . g. Owners or Other Interest from Whom Land has been Leased -with respect to their liability arising out of the ownership , maintenance , or use of that part of the land leased to you . Th is insurance does not apply to : (1) Any "occurrence " which takes place after you cease to lease the land; or (2) Structural alterations , new construct ion, or demolition operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to lease that land. h. State or Political Subdivisions - Permits Relating to Premises -with respect to the following hazards for which the state or governmental agency or subdiv ision or pol itical subdivis ion has issued a permit or authorization in connection with premises you own , rent, or control and to which this insurance applies : (1) The existence , maintenance , repair , construction , erection , or removal of advertising signs , awnings , canopies , cellar entrances , coal Page 2 of 5 Includes copyrighted material o f ISO Properties , Inc ., with its permission. CG 72121216 ACP GLO 3027585324 L67P 17354 INSURED COPY 47 0001081 holes , driveways , manholes , marquees , hoist away open ings, sidewalk vaults , st reet banners or decorations and similar exposures ; or (2) The construction , erection , or removal of elevators ; or (3) The ownership, maintenance or use of any elevators covered by this insurance . This insurance does not apply to : {1) "Bodily injury" or "property damage " or "personal or advertis ing injury" arising out of operat ions performed for the state or mun icipality ; or (2) "Bodily injury" or "property damage " included within the "products - completed operations hazard". However, such state or political subdivision's status as additional insured under this policy ends when the permit ends . i. Vendors -but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor 's business , subject to the following additional exclusions : {1) The insurance afforded the vendor does not apply to: {a ) "Bodily inju ry" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability fo r damages that the vendor would have in the absence of the contract or agreement ; {b) Any express warranty unau- thorized by you ; {c) Any physical or chemical change in the product made intentionally by the vendor ; {d) Repackaging , except when unpacked solely for the purpose of inspection , demonstration , testing , or the substitution of parts under instructions from the CG 72121216 manufacturer, and then repackaged in the or iginal conta i ner; {e) Any failure to make such inspections, adjustments , tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business , in connection with the distribution or sale of the products ; (f) Demonstration , installation , servicing , or repair operations , except such operations performed at the vendor 's premises in connect ion with the sale of the product ; {g) Products which , after distribution or sale by you , have been labeled or relabeled or used as a container , part or ingredient of any other thing or substance by or for the vendor ; or {h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf . However, this exclusion does not apply to : {i) The exceptions contained in Subparagraphs d. or f.; or {ii) Such inspections , adjust- ments , tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business , in connection with the distribution or sale of the products. {2)This insurance does not apply to any insured person or organization , from whom you have acquired such products , or any ingredient , part or container , entering into , accom - panying or containing such products . CG 7212 12 16 Includes copy ri ghted material of ISO Properties , Inc., with its Page 3 of 5 permission . ACP GLO 3027585324 L67P 17354 INSURED COPY 47 0001082 CG72121216 · With respect to the insurance afforded to such additional insureds a. -d . described above the following is added to the Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. However, this insurance afforded to such additional insureds a. -i. described above: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured . SECTION 111-LIMITS OF INSURANCE 1. The following is added to Paragraph 2 : The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. 2. Paragraph 6. is replaced with: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire , lightning, explosion , smoke, or sprinkler leakage, while rented to or temporarily occupied by you with permission of the owner. The limit is increased to $1,000 ,000 . 3. Paragraph 7. is replaced with: 7. Subject to 5. above , the higher of: a. $10 ,000 ; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. This coverage does not apply if Coverage C -Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is amended to include : e. Knowledge of an "occurrence", offense, claim or "suit" by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an "occurrence", offense, claim or "suit" from the agent or employee . 2. Paragraph b. Excess Insurance (1) (b) (ii) of condition 4. Other Insurance is replaced with : (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner ; 3. Condition 6. Representations is amended to include : d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. Th is provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. 4. Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended to include: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". 5. The following condition is added: 10. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state . Page 4 of 5 Includes copyrighted material of ISO Properties, Inc ., with its permission. CG 72121216 ACP GLO 3027585324 L67P 17354 INSURED COPY 47 0001083 SECTION V -DEFINITIONS 1. Definition 3. "Bodily Injury" is replaced with : 3. "Bodily injury" means bodily injury , sickness or disease sustained by a person , includ ing mental anguish , mental injury , shock , fright CG 72121216 or death resulting from any of these at any time . 2. The following definition is added : "Location " means premises involving the same or connecting lots , or premises whose connection is interrupted only by a street, roadway , waterway , or right-of-way of a railroad. All terms and conditions apply unless modified by this endorsement. CG 72121216 ACP GLO 3027585324 Includes copyrighted material of ISO Properties , Inc ., with its permission . L67P 17354 INSURED COPY Page 5 of 5 47 0001084 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL V . PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary : Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an addit ional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured . (1) The additional insured is a Named Insured under such other insurance; and All terms and conditions of this policy apply unless modified by this endorsement. CG 20 01 0413 ACP GLO 3007585324 LIAT 16110 © Insurance Services Office, Inc., 2012 INSURED COPY Page 1 of 1 78 0002014 COMMERCIAL GENERAL LIABILITY CG 721212 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMM E RCIAL GEN ER AL LIABIL ITY COVERAGE ENHANCEMENT ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I -COVERAGES, COVERAGE A BODIL V INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is amended as follows : 1. Paragraph (2)(a) of Exclusion g. Aircraft, Auto Or Watercraft is replaced with : (a) Less than 51 feet long; and 2. The following is added to Exclusion j. Damage To Property: (a) Paragraphs (3) and (4) does not apply to "property damage" to borrowed equipment while not in use, while at the insured's premises or a job site; or (b) Paragraph (4) does not apply "property damage" to customers goods while on the insured 's premises for the purpose of being worked on or used in a manufacturing process. Limit of Insurance -The most we will pay for damages for "property damage" coverage provided by this coverage in any one "occurrence" is $10,000 . Deductible -Our obligation to pay for a covered loss applies only to the amount of loss in excess of $500 . We will pay the deductible amount to effect settlement of any claim or "suit " and, upon notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. This insurance is excess over any other valid and collectible insurance . 3. The last paragraph of 2. Exclusions is replaced with: If Damage To Premises Rented To You is not otherwise excluded, exclusions c. through n. do not apply to damage by fire, lightning, explos ion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you rented to you or temporarily occupied by you with permission of the owner . A separate limit of insurance applies to this coverage as described in Section Ill -Limits of Insurance. SECTION I -COVERAGES, SUPPLEMENT ARY PAYMENTS -COVERAGES A AND B is amended as follows : 1. Paragraph 1. b. is replaced with : b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds . 2. Paragraph 1. d . is replaced with: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "sui t", including actual loss of earn ings up to $500 a day because of time off from work. SECTION II-WHO IS AN INSURED is amended as follows : 1. Paragraph 3. a. is replaced with: a. Coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. The following is added : 4. Additional Insured -Automatic Status When Requ ired In An Agreement With You Who Is An Insured includes person(s) or organization(s) described in Paragraphs a. - i. below with whom you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. a. Co-Owners Of Insured Premises - with respect to their liability as co -owner of the premises . CG 721212 16 ----------ACP GLO 302758532}1 Includes copyrighted material of ISO Properties , Inc ., with its permission. Page 1 015 L67P 17354 INSURED COPY 47 0001080 CG 72121216 However, 1heir s1atus as addi1ionat insured under 1his pol icy ends when you cease 10 co-own such premises with that person or organization . b. Controlling Interest -with respect to their liability arising out of their financial con1ro l of you ; or premises they own , maintain, or control while you lease or occupy these premises. This insurance does not apply to structural alterations , new construction and demolition operations performed by or for that person or organization . However , thei r status as additional insured under this policy ends when they cease to have such controlling interest. c. Granter of Franchise or License - with respect to their liability as grantor of a franchise or license to you . However , their status as additional insured under this policy ends : (1) when their contract or agreement wi1h you granting the franchise or license ends or expires ; or (2) when your license is terminated or revoked pr ior to expiration of the license as stipulated by the con1ract or agreement d . Lessors of Leased Equipment -with respect to the ir liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by your maintenance , opera1ion or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment ends. e. Managers, or Lessors of Premises - with respect to liability arising out of the ownership , maintenance , or use of that part of the premises leased to you . This insurance does not apply to : (1) Any "occurrence" wh ich takes place after you cease to be a tenant in that premises. Structural alterations , new construction, or demol ition operations performed by or on behalf of the person or organization . However, 1heir status as additional insured under this policy ends when you cease to be a tenant of such premises. f. Mortgagee, Assignee, or Receiver - with respec1 to their liability · as mortgagee , assignee, or receiver and arising out of the ownership, maintenance , or use of the premises by you. This insurance does not apply to structural alterations, new constructions , and demolition operations performed by or for that person or organization . However, their status as additional insured under this policy ends when 1heir status as mortgagee , assignee, or receiver ends . g. Owners or Other Interest from Whom Land has been Leased -wi1h respec1 to their liability arising out of 1he ownersh ip, maintenance , or use of that part of 1he land leased to you . This insurance does not apply to : (1) Any "occurrence " which takes place after you cease to lease the land ; or (2 ) Structural alt eratio ns, new cons1 ruction, or demolition operations performed by or on behalf of the person or organization . However, their status as additional insured under this policy ends when you cease 1o lease tha1 land . h. State or Political Subdivisions - Permits Relating to Premises -with respect to the follow ing hazards for which the sta1e or governmental agency or subdivision or political subdivision has issued a permit or au1horization in connect ion with premises you own, rent, or con1rol and to which this insurance applies : (1) The ex istence , maintenance , repair , construction , erection , or removal of advertising signs , awnings , canopies, cellar entrances , coal Page 2 of 5 Includes copyrighted material of ISO Properties , Inc ., with its permission . CG 721212 16 ACP GLO 3027585324 L67P 17354 INSURED COPY 47 000108 1 holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or (3) The ownership, maintenance or use of any elevators covered by this insurance . This insurance does not apply to: (1) "Bodily injury" or "property damage" or "personal or advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage " included within the "products- completed operations hazard". However, such state or political subdivision's status as additional insured under this policy ends when the permit ends . i. Vendors -but only with respect to "bodily injury" 'or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded the vendor does not apply to : (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclus ion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement ; (b) Any express warranty unau - thorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging , except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the CG 721212 16 manufacturer, and then repackaged in the orig inal container; {e) Any failure to make such inspections , adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration , installation, servicing, or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product ; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container , part or ingredient of any other thing or substance by or for the vendor ; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, th is exclus ion does not apply to : (i) The exceptions contained in Subparagraphs d. or f.; or {ii) Such inspections , adjust- ments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business , in connection with the distribution or sale of the products . (2)This insurance does not apply to any insured person or organization , from whom you have acquired such products , or any ingredient , part or container, entering into, accom - panying or containing such products . CG 7212 12 16 Includes copyrighted material of ISO Properties, Inc ., with its permission. Page 3 015 ACP GLO 3027585324 L67P 17354 INSURED COPY 47 0001082 CG 721212 16 With respect to the insu rance afforded to such additional insureds a. -d. described above the following is added to the Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement , the most we will pay on behalf of the additional insured is the amount of insurance : 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations ; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. However, this insurance afforded to such additional insureds a. -i. described above : 1. Only applies to the extent permitted by law ; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. SECTION Ill -LIMITS OF INSURANCE 1. The following is added to Paragraph 2: The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupi ed by you with the permission of the owner. 2. Paragraph 6. is replaced with : 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you. or in the case of damage by fire , lightning, explosion, smoke , or sprinkler leakage , while rented to or temporarily occupied by you with permission of the owner . The limit is increased to $1,000,000. 3. Paragraph 7. is replaced with: 7. Subject lo 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bod ily injury" sustained by one person. This coverage does not apply if Coverage C -Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit is amended to include: e. Knowledge of an "occurrence", offense, claim or "sui1" by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an "occurrence", offense, claim or "suit " from the agent or employee. 2. Paragraph b. Excess Insurance (1) (b) {ii) of condition 4. Other Insurance is replaced with : (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; 3. Condition 6. Representations is amended to include : d. Your failure to disclose all hazards or prior "occurrences" or offenses existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal . 4. Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended to include : If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". 5. The following condition is added: 1 O. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide , the additional coverage as of the day the revision is effective in your state. Page 4 of 5 Includes copyrighted material of ISO Properties, Inc., with its permission. CG 72121216 ACP GLO 3027585324 L67P 17354 INSURED COPY 47 0001083 SECTION V-DEFINITIONS 1. Definition 3. "Bodily Injury" is replaced with : 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright CG 72121216 or death resulting from any of these at any time. 2. The following definition is added : "Location " means premises involving the same or connecting lots , or premises whose connection is interrupted only by a street, roadway, waterway , or right-of -way of a railroad. All terms and conditions apply unless modified by this endorsement. CG 721212 16 ACP GLO 3027585324 Includes copyrighted material of ISO Propert ies , Inc .. with Its permission . L67P 17354 INSURED COPY Page 5 of 5 47 0001084 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured . (1) The additional insured is a Named Insured under such other insurance; and All terms and conditions of this policy apply unless modified by this endorsement. CG 20 01 0413 ACP GLO 3007585324 LIAT 16110 © Insurance Services Office, Inc., 2012 INSURED COPY Page 1 of 1 78 0002014 Wesco Insurance Company 800 Superior Avenue East , 21st Floor Cleveland , OH 44114 ArborPro, Inc. 22605 La Palma Ave ., #509 Yorba Linda, CA 92887 Policy Change Endorsement Hub International Insurance Services , Inc. (TECIS) P . 0 . Box 3310 Santa Barbara , CA. 93130 Enclosed is a Policy Change Endorsement for Policy Num~~3305;;~ For Policy Change Endorsements, please retain one copy for your files and provide the second to the policyholder. For questions, please contact our Underwriting Office at: 877-528-7878. 7/11/2018 AmTrust North America An A mTrust Financial Company WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 89 06 00 B POLICY INFORMATION PAGE ENDORSEMENT Insured : Policy Period : Carrier Name : The following item(s) ArborPro , Inc . 9/24/2017 to 9/24/2018 Wesco Insurance Company o lnsured 's Name (WC 89 06 01) o Policy Number (WC 89 06 02) o Effective Date (WC 89 06 03) o Expi ration Date (WC 89 06 04) o lnsured 's Mailing Address (WC 89 06 05) o Experie nce Modification (WC 89 04 06) o Producer's Name (WC 89 06 07) o Change in Workplace of Insured (WC 89 06 08) o lnsured's Legal Status (WC 89 06 10) o Item 3 .A . State~'{Y_C-8 9-06-1-1) __ is chang~d-t~d : ~ / ,,_ dvaiver of Subrogation is added to the policy in favor of: City of Cupertino 10300 Torre Ave . Cupertino, CA 95014 Adding form WC040306 Poli cy No: Endorsement No : Endmt Effective : Authorized Rep : WWC3305787 9 9/24 /2017 ;ef~e/~ D Item 3 .B. Limits (WC 89 06 12) o Item 3.C. States (WC 89 06 13) 181 Item 3.D. Endorsement Numbers (WC 89 06 14) 181 Item 4.* Class , Rate , Other (WC 89 04 15 ) o Interim Adjustment of Premium (WC 89 04 16) o Carrier Servicing Office (WC 89 06 17) o Interstate/Intrastate Risk ID Number (WC 89 06 18) o Carrier Number (WC 89 06 19) o Issuing Agency/Producer Office Address (WC 89 06 25) Job description : Tree inventory/analysis of street trees for City of Cupertino class code 4511 -$20,000 Wesco Insurance Company WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 00 01 B 1 of 2 INFORMATION PAGE Insured: ArborPro, Inc. Policy Number: WWC3305787 EXTENSION OF INFORMATION PAGE FOR ITEM #4 ITEM 4: SCHEDULE OF PREMIUMS Classification # of Code Emps No. California Analytical or Testing Laboratories Salespersons -Outside Clerical Office Employees Internet or Web-Based Application Development or Operation Manual Premium Total Manual Premium Waiver of Subrogation : 0 0 0 0 Mariposa Landscapes, Inc. 15529 Arrow Highway lrvindale, CA 91706 Job Description : Tree inventory for the county of Los Angeles Waiver of Subrogation : City of Cupertino 10300 Torre Ave . Cupertino, CA 95014 Waiver of Subrogation : City of Milpitas , CA 455 E . Calaveras Blvd. Milpitas, CA 95035 Waiver of Subrogation : City of Palm Springs , It's Elected Officials, Officers, Employees P.O . Box 2743 Palm Springs, CA 92263- 2743 . Job Description : Assessments of tree health Waiver of Subrogation : City of Indian Wells , 44-950 Eldorado Dr., Indian Wells, CA 92210-7497, Job Description: Tree inventory of city trees Total Premium Subject To Experience Modification Experience Modification N/A California Territorial Factor 1.2 Schedule Modifier 10% Renewal Credit: 2% Premium Discount 2.7% Terrorism Catastrophe (other than Terrorism) Expense Constant Total CA Premium CIGA2% WCARF 0.3128% UEBTF 0 .0721 % SIBTF 0.1335% OSHAF 0.2305% LECF 0.1918% FRAUD 0.1675% Total CA Cost 4511 8742 8810 8859 0930 0930 0930 0930 0930 9889 0063 9740 9741 0900 9999 9999 9999 9999 9999 9999 9999 Premium Basis Total Est. Annual Remuneration 450 ,000 150 ,000 150 ,000 150 ,000 Rate Per $100 of Remuneration 2.50 1.03 0 .88 0 .14 Estimated Annual Premium 11,250 1,545 1,320 210 14 ,325 14,325 250 250 250 250 250 15,575 15,575 3 ,115 1,869 -411 -544 270 90 200 20 ,164 403 63 15 27 46 39 34 20,791 Wesco Insurance Company WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 00 01 B 1 of 2 INFORMATION PAGE Insured: ArborPro, Inc. Policy Number: WWC3305787 EXTENSION OF INFORMATION PAGE FOR ITEM #4 ITEM 4: SCHEDULE OF PREMIUMS Michigan Analytical Operations Manual Premium Total Manual Premium Premium for Increased Limits Part Two : 2 .8% ( 1000/1000/1000) 0 Premium to Equal Increased Limits Minimum Charge Total Premium Subject To Experience Modification Experience Modification N/A Merit Rating Credit 0% Premium Discount 1.5% Terrorism Risk Insurance Act Catastrophe Expense Constant Total Ml Premium Total Ml Cost TOTAL ESTIMATED ANNUAL PREMIUM STATE ASSESSMENT TOTAL COST 4511 100 ,000 9812 9848 9885 0063 9740 9741 0900 0 .57 570 570 570 16 134 720 720 0 -11 20 0 0 729 729 20,893 627 21 ,520 Wesco Insurance Company WORKERS COMPENSATION AND EMPLO YERS LIABILIT Y INSURANCE POLIC Y Insured: ArborPro , Inc. Statement Closing Date Payment Due Date 9/24/2017 10/31/2017 11 /30/2017 12 /31/2017 1/31/2018 2/28/2018 3/31/2018 4/30/2018 5/31/2018 6/30/2018 7/31/2018 Printed: 7/11/2018 PAYMENT SCHEDULE Description Downpayment Installment 1 of 9 Installment 2 of 9 Installment 3 of 9 Installment 4 of 9 Installment 5 of 9 Installment 6 of 9 Installment 7 of 9 Installment 8 of 9 Installment 9 of 9 Endorsement WC 99 00 01 B 2 o f 2 INFORMATION PAGE Policy Number: WWC3305787 Amount Due $2 ,510 .00 $1 ,934 .00 $1 ,983 .00 $1 ,973 .00 $2 ,036 .00 $2 ,026 .00 $2 ,026 .00 $2 ,141.00 $2 ,297.00 $2 ,289 .00 $305 .00 Total Cost $21 ,520 .00 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER Of OUR RIGHT To RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA WC 04 03 06 (Ed. 04-84) 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 5% Of the California workers' compensation premium otherwise due on such remuneration . Schedule Person or Organization City of Indian Wells Indian Wells, CA 92210 Mariposa Landscapes, Inc. lrvindale, CA 91706 City of Palm Springs Palm Springs, CA 92263 City of Milpitas, CA 455 E. Calaveras Blvd . Milpitas, CA 95035 City of Cupertino Cupertino , CA 95014 Job Description Tree inventory of city trees . Tree inventory for the county of Los Angeles Assessments of tree health Tree inventory and assessment of trees Tree inventory/analysis of street trees for City of Cupertino This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Insurance Company WC 04 03 06 (Ed. 04-84) 9/24/2017 ArborPro , Inc. Policy No . Wesco Insurance Company WWC3305787 Endorsement No . 9 Premium $ 20893 Countersigned by ____________________ _ .~® ACORD ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 07/10/2018 THIS CERTIFICATE IS ISSUED AS A MATIER 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 BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITITTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER , AND THE CERTIFICATE HOLDER . IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to th.• certificate holder In lieu ofsuch endorsement(s). PRODUCER CONTACT NAME : Michael Evans Michael Evans(2921328) PHONE I FAX 11706 Artesia Blvd (A/C, NO, ElCT): 562-924-8228 (A/C, NO): 562-924-3961 E-MAIL Artesia CA 90701 -3804 ADDRESS : mevans@farmersagent.com INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Truck Insurance Exchange 21709 INSURERB : Farmers Insurance Exchange 21652 UPE RESOURCES, INC . OBA: ARBOR PRO INSURERC : Mid Century Insurance Company 21687 22605 LA PALMA AVE INSURERD : Hiscox Insurance 21789 #509 INSURERE : YORBA LINDA CA 92887 INSURERF : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM ENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR TYPE OF INSURANCE ADDTL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ .__ J CLAIMS-MADE D OCCUR DAMAGE TO RENTED $ PREMISES (Ea Occurrence) - MED EXP(Anyone person) s PERSONAL & ADV INJURY $ GEN 'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ ~ POLICY D PROJECT D LOC PRODUCTS -COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ,-- ANY AUTO BODILY INJURY (Per person) $ .__ - C OWNE D AUTOS X SCHEDULED 10/20/2018 \ ;(ODILY INJURY (Per accident) $ ONLY AUTOS y y 605143590 10/20/2017 .__ - X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ ONLY /\UTOSONLY (Per accident) ,---$ UMBREUA LIAS OCCUR EACH OCCURRENCE $ ->-- EXCESSLIAB CLAIMS -MA DE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION I PER I I OTHER $ AND EMPLOYERS' LIABILITY STATUTE ANY PROPRIETOR /PARTNER / Y/N E.L EACH ACCIDENT $ EXECUTIVE OFFICER/MEMBER C N/A EXCLU DED? (Mandatory in NH) E.L . DISEASE -EA EMPLOYEE If yes, de scribe under DESCRIPTION OF E.L DISEASE -POLICY LIMIT $ OPERATIONS below D PROFESSIONAL LIABILITY UDC -1468474E0-18 06/27/2018 06/27/2019 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THE CITY OF CUPERTINO, ITS CITY COUNCIL , OFFICERS, OFFICIALS , EMPLOYEES , AGENTS, SERVANTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS CERTIFICATE HOLDER 10300 TORRE AVE ~------CUPERTINO ACORD 25 (2016/03) 31-1769 11 -1 5 C CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD