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18-221 Starbird Consulting LLC, Services in Connection with the McClellan Ranch West Parking Lot Improvement ProjectCITY O F a ENVIRONMENTAL CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made and entered into as of 6 th-btur J>l 2ffi-» ("Effective Date") by and between the City of Cupe1iino, a municipal corporation ("City "), and Starbird Consulting LLC ("Contractor"), a California corporation for services in connection with the McClellan Ranch West Parking Lot Improvement Project 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 June 30, 2019 ("Contract Time"), unless te1minated earlier as provided herein. Contractor 's Services shall begin on the Effective Date and shall be completed by _J_u_ne_3_0,~2_0_1_9 _____ _ 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Perfonnance , 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 $ 43 ,895 ("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. City Proj ec t McClellan Ranch West Par ki ng Lot Improvement Page I of 8 Environme ntal Consu ltin g Serv ices Agreement /May. 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 behalf of itself 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 perfo1m 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 terms 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 prope1iy 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. C ity Project McClellan Ranch West Parking Lot Improvement Page 2 of 8 Env ironmental Con s ulting Se rv ices Agree ment /May. 201 8 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 prope11y 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 , hy pothecate, 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 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 C ity Proje ct McClellan Ranch West Parking Lot Improvement P age 3 of 8 Environm en ta l Cons ultin g Services Agreement/1\;fay. 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 wananties ; (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. City Proj ect McClellan Ranch West Parking Lot Improvement _ Pag e 4 of 8 Enviro nmental Cons u/1i11g Services Agreemen t/May. 201 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 1 720 and other labor laws . 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, etlmicity , 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 of Interest. 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 ce1iain 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 Alex Acenas, Public Works Project Manager 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 Jodi Starbird ______ 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 paiis therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be C ity Project McClellan Ranch West Parking Lot Improvement Page 5 of 8 Environmental Consultin g Services Agreement/May. 20 /8 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 supp01ied 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. THIRD 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 breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement repr esents 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. City Proj ect McClellan Ranch West Parking Lot Improvement Page 6 of 8 En vir o nm ental Consu ltin g Services Agreemen t , May. 20 18 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be infe1Ted herein. Either party may request an amendment to cure mistaken insertions or omissions of required prov1S1ons. 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 cany 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 certified , or the next business day following electronic submission: To City of Cupertino 10300 Torre Ave ., Cupertino CA 95014 Attention : Alex Acenas , PW Project Manager Email: To Contractor: Starbird Consulting LLC 115 S. 14th Street , San Jose , CA 95112 Attention: Jodi Starbird Email:jodi@jodistarbird.com 27. VALIDITY OF CONTRACT 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. C ity Proj ec t Mc Clell an Ranch West Parking Lot Improvem ent Page 7 of 8 En vironmental Co11 su /ti ng Se r vi ces Agree ment, May. 201 8 28. EXECUTION The person ex ecuting thi s Agreement on behalf of Contractor represents and warrants that Contractor has full right, pow er, and authority to enter into and cany out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, wh ich constitutes a legally binding obligation of C ontractor. This Agreement may be executed in counterpa11s , each one of which is dee med an original and all of which, taken together, constit ute a single binding instrument. IN 'WITNESS WHEREOF , the paities have caused the Agreement to be executed . CONTRACTOR Starbird Con sultin g LL C Name Jodi Sta rbird T itl e Principal Date 10 /zc l / 2D I B -----+--, ---- Tax I.D. No.: _82_-4_6_49_4_57 ___ _ CITY OF CUPERTINO A Municipal Corporation B~-. Narne~v~~ Title ~. c-t--4:z,r= of fYtk\1. :-, LU ... .,-~ Date \\!'qt/ '/ ORM:~.---·J 11)t )iii' ~~~'--'----~~~~/.:._;J 1)2 Cupertino Acting City Attorney , t? I -- ATT~EST: . 1 i~ GRACE SCHMIDT / / -( S-> I y' City Clerk O City Proj ect McC lell an Ranch West Park ing Loi l rnpr ovemenl Pa ge 8 of& E11,•i1'0/1m e11tal Cn nrnllin g Ser vices Agree ment lM ,m 201 8 Exhibit A Scope of Services CONSUL TANT shall perform professional services as detailed in the following sections. SECTION 1. GENERAL A. Scope of Work: The work to be performed rn1der this agreement includes providing pre-construction and biological monitoring services related to the construction of the McClellan Ranch West Parking Lot Improvement. B. General Performance Requirements: 1. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2. The CITY's Department of Public Works shall manage the AGREEMENT. CONSULT ANT shall receive final direction from the CITY' s Director of Public Works or his/her authorized designee (hereinafter collectively "CITY") only. The CITY shall resolve any conflicting direction from other groups, departments or agencies. 3. CONSULTANT shall coordinate this scope of services with the CITY as well as with other CITY consultants and contractors, as needed or as directed by the CITY. 4. CONSULTANT' s services shall be performed as expeditiously as is consistent with professional skill and care and the orderly process of the work. The schedule for the performance included in EXHIBIT B, may be adjusted by mutual agreement. SECTION 2 . TASKS Task 1.0 Map of Riparian Extent Based on project plan sheet Ll.O which shows four trees to be removed for the project, Consultant will conduct a site visit to map and flag the sensitive riparian areas prior to construction to prevent damage to adjacent riparian and sensitive communities. This work will assist the construction team in determining the extent of the riparian, stream, and wetland in the corridor to comply with the Measure 2.7 in the draft Streambed Alteration Agreement (SAA), File Ref# 1600-2018-0207-R3 drafted by the California Department of Fish and Wildlife Starbird Consulting LLC Exhibit A , B & C McClellan Ranch West Parking Lot Improvement I of8 (CDFW). This task assmnes one biologist for one 8-hour day (including travel) to conduct site mapping and flagging. · Work products will be a draft map based on desktop review, an updated and finalized map based on a site visit, and flagging the trees at the edge of riparian. Completion of these tasks assumes: • One desktop review of the site for a draft riparian line; and • One site visit to create a final map and flagging of sensitive environmental areas Task 2.0 Agency Coordination Consultant will coordinate with CDFW to ensure that the terms and conditions in the SAA are applicable and relevant to the Project. Specifically, the need to prepare a Mitigation and Monitoring Plan (MMP) and associated compensatory measures will be reviewed and discussed with CDFW. If determined not to be applicable, the SAA will be revised before the City of Cupertino accepts the conditions of the permit and signs the SAA. If determined to be applicable, Consultant can provide assistance with the preparation of the MMP and any associated tasks, as needed, as an Additional Service. Additionally, this task does not include budget for any other agency coordination that may be necessary. Additional coordination with CDFW, or other regulatory agency, will be considered an Additional Service. Task 3.0 Worker Environmental Awareness Training This task is based on the SAA Measure 2.19, which states that a CDFW-approved qualified biologist will conduct an education program for all construction personnel employed on the Project prior to conducting work. Consultant will prepare training materials and conduct sensitive species training for all personnel involved in Project construction. More than one training may be required if any construction staff are unable to attend the initial, pre- construction training session. Therefore, this task assumes up to two training sessions. The employee training program will consist of a brief presentation by a wildlife biologist and will include the following: • a description of the expected animal species and its habitat needs; • any reports of occurrences in the construction area; • an explanation of the status of this species and its protection under state and federal legislation; and • a list of measures being taken to reduce impacts to this species during the work. Fact sheets containing this information will be provided to the project foreman and Consultant will document personnel trained and submit this documentation to the regulatory agencies Starbird Consulting LLC Exhibit A, B & C McClellan Ranch West Parking Lot Improvement 2 of 8 upon request This task also includes time to coordinate and submit resumes to CDFW for approval, and assemble h·aining and monitoring materials, as required under the project permit. Environmental h·aining assumes one biological monitor, 8 hours per day (includes travel) for two days, to allow fo r a primary h·aining and one additional training for new personnel. Task 4.0 Pre-construction Fish and Wildlife Surveys Task 4.0 includes: Task 4.1: Pre-construction F i sh and Wildlife Surveys This task is based on SAA Measure 2.20, which states that, within 48-hours prior to each phase of construction work, Consultant will provide a CDFW-approved qualified biologist who will conduct a pre-construction survey for the presence of special-status wildlife species within all construction, staging, and access areas. The pre-construction surveys will be for all nine species included in the SAA Project Impacts Section, which includes: • San Francisco dusky-footed woodrat (SFDWR), • pallid bat, • long-eared owl, • western pond turtle, • California red-legged frog, • California giant salaniander, • Santa Cruz black salamander, and • CCC steelhead. The surveys will be appropr iately timed and in suitable habitat for the species. If any state or federally listed species are found, contact with CDFW and USFWS or NMFS will be conducted for further guidance and approval to continue work. Additional guidance by CDFW may be provided to protect special-status species. Task 4.2: Pre-construction surveys for San Francisco dusky-footed woodrat This task is based on the SAA Measure 2.22, which states that a biological monitor will conduct surveys for SFDWR nests before construction begins. If nests are found, Consultant will establish a 50-foot buffer in which Project activity may not occur. The survey efforts for 4.1 and 4.2 can be conducted at the same time and thus assumes one CDFW-approved biologist for one 10-hour day (includes travel tim.e) as well as preparation of a brief survey reports and coordination with CDFW. Task 4.3: Bat Habitat Assessment Starbird Consulting LLC Exhibit A , B & C McClellan Ranch West Parking Lot Improvement 3 of 8 This task is based on the SAA Measure 2.23, which states that a biological monitor will conduct a habitat assessment survey for bats in the project area, staging area, and access routes and an additional 50-feet buffer. The habitat assessment will include a visual inspection of potential roosting features and presence of guano. The survey will occur 14 days before the start of work. A focused bat roost (emergence) survey will be conducted to determine if bats are roosting in trees and/or structures to be removed or impacted. Consultant will provide qualified biologists who will inspect potential roost sites following a typical protocol for emergence survey (e.g. survey will commence at least one hour prior to dusk and up to one hour after using hand held bat detectors). If bats are determined to be roosting within trees or structures to be removed, then CDFW will be notified. CDFW may provide additional measures to protect wildlife if bats are identified in the project area . Potential roosting features identified during the survey will be flagged or marked and if bats are found. Task 5.0 Biological Construction Monitoring Task 5.0 includes: Task 5.1: Erosion Control Monitoring In accordance with the requirements described in the Project permits issued by CDFW, Measure 2.16, erosion control structures will include monitoring during and after each rain event. Consultant will provide a biological monitor who will conduct an initial site assessment for installed erosion control measures placed. The construction team will be notified if erosion control repairs are needed. Subsequent review of erosion control measures will be conducted by the construction team and repairs will be made as needed. Additional monitoring by the project biologist will be conducted upon request. Task 5.2: WPT. CRLF, and Salamander Exclusion Fence Installation Guidance and Monitoring In accordance with the requirements described in the Project permits issued by CDFW, Measure 2.27, after agency-approved monitors have verified that no special-status species are present in the survey area, an exclusion fence approved by CDFW will be installed to prevent re-entry of species. Consultant will not conduct the fencing installation but can assist in the approval process. Consultant will provide a biologist who will conduct daily fencing monitoring up to the start of construction activities as required. The biologist will also be present during initial ground disturbance to ensure no CRLF are present. If special-status species are observed within the work area or CRLF relocation is required, the biologist will notify CDFW within 24 hours. A daily monitoring log will be kept to record findings. As the number of days requiring a Starbird Co nsu ltin g LLC Exhibit A, B & C McClellan Ranch West Parking Lot Improvement 4 of8 biological monitor is unknown, this service will be paid at a daily rate. The daily rate assumes 8 hours on-site plus travel time to and from the site. If the SAA requirements result in. additional surveys, these will be considered as Additional Services. Completion of these tasks assumes: • Three (3) construction site inspections for erosion control, with the first to be conducted after installation and the second two would be conducted upon request in accordance with storm events. • Six (6), eight (8)-hour days monitoring exclusion fence installation and removal • Documentation for these activities in a construction monitoring log. Task 6.0 Permit Compliance Management Consultant will coordinate with resource agencies, the Project Team, and CDFW to facilitate compliance with biological permit conditions and provide compliance documentation. Consultant will correspond with the resource agencies when necessary for permit and/or reporting clarification. Consultant will keep the City informed if any agency requirements require work that is beyond that described in this Scope of Work. It is anticipated that the majority of this work will entail phone conversations and email correspondence. No site visits outside of those described for field tasks are included in this work task. Optional Task 7.0 Nesting Bird Survey Pre-construction nesting surveys are required to ensure that no impacts occur to active nests during tree trimming and/or vegetation removal. To comply with SAA Measure 2.24, if the Project will occur in the bird nesting season (February 15 -August 30 for passerines; January 15 -September 15 for owls other than burrowing owls; and February 15 -September 15 for other raptors), Consultant will provide a CDFW-qualified biologist who will conduct two surveys in areas of suitable habitat and 250-to 1,000-feet buffer areas, depending on the species, for active nests within 14 days prior to the start of work, or if there is a lapse in activity for 15 days or more. A second survey in compliance with the measure would occur within 48-hours of conducting work. Each site visit will be performed between the hours of dawn and 10:30 am, during the period when birds are most active. If an active nest is found, the biologist will consult with CDFW or USFWS as appropriate to comply with state and federal law. If an active nest is found, a protective exclusion buffer would be established around the active nest according to the professional judgment of the Starbird Consulting LLC Exhibit A , B & C McClellan Ranch West Parking Lot Improvement 5 of 8 -- biologist to avoid disturbance of the active nest. The exclusion zone would remain in place wherein no work could be conducted in the area until all young have fledged . Following the initial survey, Consultant will provide a letter report discussing the methods and results of the survey. If active nests are present, subsequent construction monitoring will be provided as an Additional Service and billed on a time and materials basis . Task 8.0 Project Coordination Consultant will provide overall coordination of the work tasks and will review all documents prepared and provide environmental consulting services related to the work completed. Consultant will participate in all meetings and/or conference calls. It is assumed that up to 30 hours of time will be required by this task. Notes: 1. Post-construction monitoring is not included in this scope of work. 2 . Mitigation monitoring is not included in this scope of work, but can be added as an Additional Service . 3. No special-status species are anticipated to be observed or handled. If handling is necessary, that would be provided as an Additional Service. 4. Construction monitoring is only anticipated for work within the CDFW riparian habitat jurisdiction and is limited to be approximately 6 days. Additional monitoring that may be needed will be considered an Additional Service. ADDITIONAL SERVICES Consultant Services beyond the work in these tasks may be provided by CONSULTANT as Additional Services only if such Additional Services are authorized in writing by the CITY in advance. An Additional Services allowance in the amount of EIGHT THOUSAND ONE HUNDRED THIRTY DOLLARS($ 8,130.00) is made a part of this agreement. Additional services may be paid for as a negotiated maximum not to exceed amount or by a time and materials cost accounting with a maximum not to exceed. Starbird Consulting LLC Exhibit A, B & C McClellan Ranch West Parking Lot Improvement 6 of 8 EXHIBIT B SCHEDULE OF PERFORMANCE This Schedule of Performance establishes the milestones for commencement and completion of the Tasks for Ba sic Se r vices as specified in Exhibit A, Scope of Services. TASK# 1.0 2 .0 3 .0 4.0 5.0 6.0 7 .0 8.0 TASK DESCRIPTION Map of Riparian Extent Agency Coor dination Worker Environmental Awareness Training Pre-construction Fish and Wildlife Surveys Biological Construction Monitoring Permit Compliance Management Nesting Bird Survey (Optional) Project Coordination EXHIBIT C COMPENSATION DURATION See Exhibit A II II II II II II NA This Exhibit C on Compensation supplements the provisions of Section 4 of the Agreement on Compensation, as further specified in Section 4. 1. BASIC SERVICES BUDGET SCHEDULE The following budget schedule will be used to determine monthly compensation for Basic Services based on the degree of completion, subject to confirmation and agreement by the City, and budget for each listed Task: TASK# TASK DESCRIPTION TASK BUDGET 1 Map of Riparian Extent $3,450 2 Agency Coordination 1,725 3 Worker Environmental Awareness Training 2,415 4.1 & 4 .2 Pre-construction Fish and Wildlife and SFDFW Surveys 3,450 4.3 Bat Habitat Assessment 5,750 5.0 Biological Construction Monitoring 14,030 6.0 Permit Compliance Management 2,300 8.0 Project Coordination 6,750 Total for Basic Services: $39,870 Starbird Consulting LLC Exhibit A , B & C McClellan Ranch West Parking Lot Improvement 7 of 8 7 .0 Nesting Bird Survey (Optional) $4,025 Unforeseen/Unspecified Items 4,105 Additional Services Allowance: $8,130 Contract Total: $48,000.00 Consultant may not bill in excess of the Task Budget amount for any Task without prior written authorization from the City. The City has the discretion, but not the obligation, to reallocate the budgeted amounts for each Task, subject to the not to exceed limit specified in Section 4 . 2. HOURLY COMPENSATION FOR ADDITIONAL SERVICES The City will compensate the Consultant for satisfactory performance of duly authorized Additional Services which are subject to hourly billing, based on the hourly rate(s) set forth below, but subject to the compensation limits in Section 4 of the Agreement. The hourly rates are deemed to include all costs including, salary, wages, benefits, taxes, insurance, and the like paid to or on behalf of each individual providing the Services, and are also deemed to include profit, overhead, vehicle, equipment and supply costs and the like. The hourly rates do not include Reimbursable Expenses, which are addressed below and in Section 4 of the Agreement. These hourly rates will remain in effect for the Term of the Agreement unless changed by written amendment to the Agreement. Principal $ 225.00 per hour END OF EXHIBITS Starbird Consulting LLC Exhibit A, B & C McClellan Ranch West Parking Lot Improvement 8 of 8 EXHIBIT D Insurance Requirem.ents 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 fo llovving insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED v't. Commercial General LiahiliLJ' ( CG L) for bodily injury, property darn age, personal injury I iabi Ii ty 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 0 I). If a general aggregate limit app l ies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shal I be twice the required occurrence limit. Y a. It shall be a require1nent 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. ~ Additional Insured cove r age uncle,· Consultant's pol icy shat I be "primary and non-contributory," ~l not seek contribution from City 's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 0 I (04/ 13). c. The limits of insurance r equired 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. ~ 2. Automobile Liability: ISO CA 0001 covering any auto (including owned , hired , and non-owned iJ.1...,S1,~~ • r 1tos) with limits no tess than $1,000,000 per accident for bodily injury and property damage. t ~~~ rkers' Co111pe11satio11: As required by the State of California, with Statutory Limits and \ ~ (} Employer's Lia bi I ity Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. U-''11( Not required. Consultant has provided writte n verification of no employees. PC 4. l'rofessio11a/ Liability for professional acts , errors and om1ss1ons, as appropriate to Consultant 's 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 mainta i ned for at least five (5) years after completion of the Services . c. If coverage is canceled or non-renewed , and not replaced with another claims-made pol icy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase "extended reporti~" 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 for Des ;g11 Professionals & Cun.rnltant.1· Contracts Form Updat ed Feb . 2018 Additio11a/ lnsured Status The City of Cupertino, its City Council, officers, officials, e111ployees, agents , servants and volunteers ("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 IO (1 I/ 85) or both CG 20 IO and CG 20 37 forms , if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insLUc1nce. 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 Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the \\)<_ extent said losses are covered by the insurance policies required herein. Specifically, the Workers' ~ \ Compensation policy shall be endorsed with 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 mu/ Self-l11sured 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 abi I ity to pay losses and costs related investigations, claim administration and defense expenses. The pol icy 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 be licensed to do business in California with an A.M. Best Rating of A-VII, orbetter. Verification of Coverage Consultant must furnish acceptable insurance ce1tificates 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 CG L pol icy I isting al I pol icy endorsements prior to com111encement of the Contract. City retains the right to demand verification of comp I iance at any time duringthe Contract term . S ubconsultan ts 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 sh al I be entitled to coverage for the higher insurance limits maintained by Consultant. 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-fn.rnran ce Require111 e111sfor Design Professionals & Cons11/1ants C o11tra cts Form Updalecl Feb. 20 I 8 2 ACORD@ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~-08/23/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must 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 CONTACT NAME: Hiscox Inc . d/b/a/ Hiscox Insurance Agency in CA _t~g,NJQ ~~!}; (888) 202-3007 I FAX : IAIC , No): 520 Madison Avenue E-MAIL contact@.hlscox.com ADDRESS : 32nd Floor INSURERISl AFFORDING COVERAGE NAIC/1 New York, NY 10022 INSURER A: Hiscox Insurance Company Inc ·10200 INSURED INSURERS: Starbird Consulting, LLC. INSURERC: 115 S 14th St INSURERO: INSURER E: San Jose CA 95112 INSURERF : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADOL SUBR ,i£:~cl%Mi, ,~gh\%MVv, LTR TYPE OF INSURANCE I 1•••n i OAn<n POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURllENCE $ 2,000,DOO -D CLAIMS-MADE IKI OCCUR D,",.,.,Gt:: TO RE., cu ,__ PRl:MISES /Ea occurrence\ $ 100,000 MED EXP (/\ny 0110 person) $ 5,000 - A UDC-2345495-CGL-18 08/23/2018 08/23/2019' 1/l'ERSON/\L & ADV IM JURY $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE $ 2,000,000 ~ D l'RO-D LOC PllODUCTS • COMl'/01' AGG $ S/T Gen. Agg . POLICY JECT OTHER: $ ~ AUTOMOBILE LIABILITY COMB INED SING L E LIM IT $ ~ !Ea accident I -'')/'1...-Y" ANY AUTO BODILY INJURY (l'er person) $ ~ -ALL OWNED -SCHEDULED ~ AUTOS AUTOS BODILY INJURY (l'er accident) $ / ~ .~ -~ "' NON-OWNED I I rta?~~c~J.~RAM/\GE $ \(V \I"" I HIRED AUTOS AUTOS -f,--I ll'w.' /l , \ -$ ·' \\ UMBRELLA LIAB I· -I OCCUR -I I I E/\CH OCCUHRENCE $ •• ... I' f--I 'v""< rJ EXCESS LIAB CLAIMS-MADE· AGGREGATE $ OED I I RETENTION ~ -t I $ WORKERS COMPENSATION I ntuTE I I OTH- ~FJ, ANO EMPLOYERS' LIABILITY ER YIN ANYPROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $ ,,.-"7-~ Ur OFFICER/MEMBER EXCLUDED? ~-(Mandatory In NH) E.L. DISEASE · EA EMPLOYEE $ If yes , describe under E.L. DISEASE· POLICY LI MIT $ (Y-t~ lu DESCRIPTION OF OPERATIONS below \.. 08/23/20181 08/23/20191 I/Each Claim : $1,000,000 \ t ' A Professional Liability UDC-2345495-E0-18 Aggregate: $1,000 ,000 --~~ - ' ,nKOD DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHIC.LES (ACORD 101, Addltlonal Remarks Schodulo, 111ay bo allachud If more spaco Is roquirod) v~ THE CITY OF CUPERTINO, ITS CITY COUNCIL, OFFICERS, OFFICIALS, EMPLOYEES , AGENTS, SERVANTS v AND VOLUNTEERS ("ADDITIONA L INSUREDS") ARE LISTED AS ADDITIONAL INSUREDS ON CGL POLICY . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 10300 Torre Ave Cupertino CA 95014 AUTHORIZED REPRESENTATIVE ' ;-) I -*'~~-L-,(_..,JY)r © 1988-2014ACORD CORPORATION . All rights reserved . ACORD 25 (2014/01) The ACORD name and logo are registered marks pf ACORD Renewal auto policy declarations Your policy effective date is October 1, 2018 Total Amount Due for the Policy Period Please review your insured vehicles and verify their VINs are correct. Page 1 of 4 Information as of August 9, 2018 Summary _V_eh_i_cl_es_c_o_v_e_re_d _________ ld_e_n_t~if_ic_a_tio_n_N_um_b_er~<~V_IN_)~ ___ P_r_em_iu_m Named lnsured(s) 2018 BMW Xl WBXHT3C31JSF92004 $646.45 Sterling A Starbird & Jodi L Starbird -----------------------------2014 Audi AS Quattro WAURFAFR4EA056250 403.72 Mailing address ------'--------------------------Ca Ii fo rn i a Fraud Assessment Fee 1.76 115 So Fourteenth St ,-------------------------$----.. San Jose CA 95112·2129 1,051.93 * Your bill will be mailed separately. Before making a payment, please refer to your latest bill, which includes payment options and installment fee information. If you do not pay in full, you will be charged an installment fee(s). See the Important payment and coverage information section for details about installment fees. Discounts (included in your total premium) Anti-theft $2.86 Good Driver (20%) $244.83 Polic number 934 927 398 Your policy provided by Allstate Northbrook Indemnity Company Policy period Beg i nning October 1, 2018 through April 1, 2019 at 12:01 a.m. standard t ime Your Allstate. agency is Lozon Ins Agency 1341 Lincoln Ave. San Jose CA 95125 ~-------------------------------(408) 292-0555 ~"'"<~-.~-. t-.~~~,-~-is __ c_o~u~.~-!-~---------------.---------$_4_9_9_._S-,6 J johnlozon@allstate.com Multiple Policy $50.25 Distinguished $201.62 Driver Discounts per vehicle (2018 BMWX1 Anti-theft Multiple Policy $1.70 $29.80 Good Driver (20%) $143.91 Distinguished $119 .85 Driver $295.26) Some or all of the information on your Policy Declarations is used in the rating of your policy or it could affect your eligibility for certain coverages. Please notify us immediately if you believe that any information on your Policy Declarations is incorrect. We will make ( 2014 Audi AS Quattro $204.30) corrections once you have notified us, '--G-o-od-D-ri-v-er_(_2_0-=-0A-o)-$1_0_0_. 9-2------M-u-lt-i p_l_e_P_o-lic_y ___ $_2_0_.4_5_~--~ and any resulting rate adjustments, will Distinguished $81.77 Anti-theft $1.16 be made only for the current policy Driver period or for future policy periods. Listed drivers on your policy Sterling Starbird Jodi Starbird Excluded drivers from your policy None Please also notify us immediately if you believe any coverages are not listed or are inaccurately listed. 0 a, a: 0 5 < u Renewal auto policy decla,...;ra....:.t--io __ n....:.s __ ~ Policy number: !934 927 398 ! Policy effective date : October 1, 2018 Coverage detail for 2018 BMW X1 Coverage Automobile Liability Insurance @ Bodily Injury • Property Damage ·~:,.i; Auto Collision Insurance Waiver of deductible applies ~ Auto Comprehensive Insurance ~ Rental Reimbursement ~ Towing and Labor Costs Uninsured Motorists Insurance for Bodily Injury t<.!0, Automobile Medical Payments Coordinated Medical Protection Lease/Loan Gap Repair or Replacement Cost Option 9 Sound System Tape [Total premium for 2018 BMW X1 Limits $500,000 each person $500,000 each occurrence $500,000 each occurrence Actual cash value Actual cash value Not purchased* Not purchased* $500,000 each person $500,000 each accident $5,000 each person Not purchased* Not purchased* Not purchased* Not purchased* Not purchased* * This coverage can provide you with valuable protection. To help you stay current with your insurance needs, contact your Allstate agent to discuss coverage options and other products and services that can help protect you. VIN WBXHT3C31JSF92004 Rating information Page 2 of 4 Deductible Premium Not applicable $276.82 $1,000 $249.82 $1,000 $32.36 Not applicable $70.84 Not applicable $16.61 $646.45) Your premium is determined based on certain information, including the following: • This vehicle is driven for pleasure, married female licensed 41 years. Allstate uses mileage information as one factor to help determine your premium amount. The estimated number of miles that this vehicle is driven annually is 10,000 -10,499. Important Note: The estimated annual mileage figure applicable to this vehicle for the expiring policy period was: 10,000. 10,499. The estimated annual mileage figure applicable to this vehicle for the current policy period is: 10,000 · 10,499. If any of the information shown above is incorrect, missing or changes in the future, please contact your Allstate representative. Please keep in mind that a change in any of the information may result in an adjustment to your premium. 0 a, "' 0 5 <( u Thank you for choosing Allstate ~>J>A '(01.1·.-(;· in \GOcl h,1n ds Proof of Insurance Card For your convenience, two insurance cards have been included for each vehicle. State law requires that one of these cards be kept in each vehicle. Please place them in your vehicles by the effective date. A state You 'ri: m ~{tmd h~m d s Please use the printed Insurance Cards below. AHs ate Please use the printed Insurance Cards below. California Proof of Auto Insurance Card Allstate Northbrook Indemnity Company PO Box 660598, Dallas. TX 75266-0598 Sterling A Starbird & Jodi L Starbird 115 So Fourteenth St San Jose CA 95112-2129 A! st~te . You ·rc in good honds. NAIC# 36455 This policy meets the requirements of the applicable California financial responsibility law(s). POLICY NUMBER 934 927 398 EFFECTIVE DATE 10/01/18 EXPIRATION DATE 04/01/19 YEAR/ MAKE/ MODEL 2014 Audi AS Quattro VEHICLE ID NUMBER Vi/AURFAFR4EA056250 This card must be carried in the vehicle at all times as evidence af insurance. California Proof of Auto Insurance Card Allstate Northbrook Indemnity Company PO Box 660598, Dallas , TX 75266-0598 Sterling A Starbird & Jodi L Starbird 115 So Fourteenth St San Jose CA 95112·2129 Yo u're i11 grwd ha n d s. NAIC# 36455 This policy meets the requirements of the applicable California financial responsibility law(s). POLICY NUMBER 934 927 398 EFFECTIVE DATE 10/01/18 EXPIRATION DATE 04/01/19 YEAR/ MAKE/ MODEL 2018 BMVJ Xl VEHICLE ID NUMBER Vi1BXHT3C31J5F92004 This card must be carried in the vehicle at all times as evidence of insurance . Please use the printed Insurance Cards below. Please use the printed Insurance Cards below. California Proof of Auto Insurance Card Allstate Northbrook Indemnity Company PO Box 660598, Dallas. TX 75266-0598 Sterling A Starbird & Jodi L Starbird 115 So Fourteenth St San Jose CA 95112-2129 NAIC# 36455 This policy meets the requirements of the applicable California finan c ial responsibility law(s). POLICY NUMBER 934 927398 EFFECTIVE DATE 10/01/18 EXPIRATION DATE 04/01/19 YEAR/ MAKE/ MODEL 2014 Audi AS Quattro VEHICLE ID NUMBER Vi/AURFAFR4EA056250 This card must be carried in the vehicle at all times as evidence of insurance. California Proof of Auto Insurance Card Allstate Northbrook Indemnity Company PO Box 660598. Dallas, TX 75266-0598 Sterling A Starbird & Jodi L Starbird 115 So Fourteenth St San Jose CA 95112-2129 NAIC# 36455 This policy meets the requirements of the applicable California financial responsibility law(s). POLICY NUMBER 934 927 398 EFFECTIVE DATE 10/01/18 EXPIRATION DATE 04/01/19 YEAR/ MAKE/ MODEL 2018BMWX1 VEHICLE ID NUMBER Vi1BXHT3C31JSF92004 This card must be carried in the vehicle at all times as e vidence af insurance . Page 1 of 2 <( u Q HISCOX Hiscox Insurance Company Inc. Policy Number: Named Insured: Endorsement Number: Endorsement Effective : UDC-2345495-CGL-18 Starbird Consulting, LLC . 18 October 11 , 2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) City of Cupertino 10300 Torre Ave . Cupertino ,CA 95014 City of Cupert ino, its City Counc il, Boards and Commiss ions , Officers , Officials , Employees, Agents , Servan ts, Coluntee rs and Consultants Information required to complete this Schedule, if not shown above, will be shown in the Declarations . Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organ i- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis - sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties , Inc., 2004 Page 1 of 1 Stale ~f Cnliforni11 County of Snnta Clnrn .City cf Cupertino Contractor/Consultant Affidavit of No Employees I, the undersigned, declare as follows: I . J l .J 1 . .r-:..,tz.1...,-\,\ ~,.-cl. ( 1 0 11 (:') L I H-in C:( L. L .. (~ . . am an mcaepenoent con~ractor anu t,e o·\.vner ot , __ ..,; .,, 1 \ ~-·--'.J I wish to enter into r1 services contract with the City of Cupertino. Jam fully ,nvare of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage for employees in accordance vvith the provisions of that Code. l arn also aware that I must provide proof of workers' compensation insurance tn the City of Cupertino for any and all employees I may ho1v~, pursuant to Section 12 of the City of Cupertino's contrc1ct. l hereby certify that J do not have any employees nor will l have any employees working for m e or my business during the term of any service contract with the City of Cupc'rtino. I um not required to have Workers' Compensatinn insurance. J declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. California. ~~'.Jc_)[) \ "C:i1l~{Z_\3> \ F'\) PR!NTNAME c:-~i:·.~~:~ :C~t_ __ <?. __ ....... c"-P ,..,.- Revised 1.05.18 Amended Personal Umbrella Polic Declarations Policy number: 934 927 424 Policy effective date: April 1, 2018 Coverage Employers' Liability -if Workers ' Compensation or similar coverage for Domestic Workers is required or purchased voluntarily Your policy documents Page 3 of 3 ((,'f:f'i..1 1 ' ll ~ rt,'••: "~ {I ~) J ~! ,; fU1 . You're in good hand s Required Underlying Limit $300,000 each occurrence $300,000 each employee $500,000 policy aggregate Your Personal Umbrella policy consists of the Policy Declarations and the following documents. Please keep them together. • Personal Umbrella Policy -AS463 • California Personal Umbrella Policy Amendatory Endorsement -AS378-1 Important payment and coverage information Here is some additional, helpful information related to your coverage and paying your bill: IJI-Please note: This is not a request for payment. Any adjustments to your premium will be reflected on your next scheduled bill which will be mailed separately. In the meantime, if you have any outstanding or unpaid bills, please pay at least the minimum amount due to assure your policy continues in force. If you have any questions, please contact your agent. .,. If you decide to pay your premium in installments, there will be a $3.50 installment fee charge for each payment due. If you make 6 installment payments during the policy period, and do not change your payment plan method, then the total amount of installment fees during the policy period will be $21.00. If you are on the Allstate ® Easy Pay Plan, there will be a $1.00 installment fee charge for each payment due. If you make 6 installment payments during the policy period, and remain on the Allstate ® Easy Pay Plan, then the total amount of installment fees during the policy period will be $6.00. If you change payment plan methods or make additional payments, your installment fee charge for each payment due and the total amount of installment fees during the policy period may change or even increase. Please note that the Allstate® Easy Pay Plan allows you to have your insurance payments automatically deducted from your checking or savings account. Allstate Insurance Company's Secretary and President have signed this policy with legal authority at Northbrook, Illinois. Thomas J. Wilson President Susan L. Lees Secretary 0 ::;;; .,: "' "' 0 .,: u Amended Personal Umbrella Polic Declarations Page 2 of 3 Policy number: 934 927 424 Policy effective date: April 1, 2018 Required Underlying Insurance Limits You must maintain the Required Underlying Insurance, at or above the limits as shown below at all times for each liability exposure any insured person has. Please refer to the "Required Underlying Insurance" provision of the policy. Coverage Required Underlying Limit Personal Liability -Bodily Injury and Property Combined Single Limit Damage Liability 1. Homeowners, Condominium, Renters, $300,000 per occurrence Mobilehome, Manufactured Home or other Personal Liability Policy 2. Incidental Office, Private School or Studio One, Two, Three or Four Family Residential Rental $300,000 per occurrence Property -Bodily Injury and Property Damage Liabilit Automobiles and Motor Homes Motorcycles, Motor Scooters, Mopeds and Recreational Vehicles Personal Watercraft such as jet skis and wet bikes Watercraft Liability Craft under 26 feet and up to 50 horsepower (U.S. horsepower) Watercraft Liability Craft 26 feet and over or greater than 50 horsepower (U.S. horsepower) Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence or Combined Single Limit $500,000 per occurrence Bodily Injury $100,000 each person including Passenger Liability when available $300,000 each occurrence Property Damage $100,000 each occurrence or Combined Single Limit $300,000 per occurrence Guest Passenger Liability $100,000 each person (when available as a separate limit) $300,000 each occurrence or Combined Single Limit $300,000 per occurrence Bodily Injury $100,000 each person $300,000 each occurrence Property Damage $100,000 each occurrence or Combined Single Limit $100,000 per occurrence Bodily Injury $100,000 each person $300,000 each occurrence Property Damage $100,000 each occurrence or Combined Single Limit $100,000 per occurrence Bodily Injury $250,000 each person $500,000 each occurrence Property Damage $100,000 each occurrence or Combined Single Limit $250,000 per occurrence (continued) 0 ~ <( co co a <( u Amended Personal Umbrella Policy Declarations Your policy effective date is April 1, 2018 Total Premium for the Premium Period (Your bill will be mailed separately) Excess Liability $458.71 (ti!,~~ -~c= ._,; I , '""" .=.=,~ , • •-·I b ; __ ~ 4~i±i) Your bill will be mailed separately. Before making a payment, please refer to your latest bill, which includes payment options and installment fee information. If you do not pay in full, you will be charged an installment fee(s). See the Important Payment and Coverage Information section for details about installment fees. Your policy premium has been developed using the following information: • 2 Vehicles • Supporting Allstate Home and/or Auto Policy(ies) • 2 Operators in the household Premium includes a charge for 2 automobiles Discount (included in your total premium) Multiple Policy Discount - Auto and Property 33% Policy Coverages and Limits of Liability Coverages Excess Liability -Bodily Injury and Property Damage Annual Aggregate Limit Excess Liability -Personal Injury Annual Aggregate Limit Additional Dwelling Rented To Others Limits of Liability $2,000,000 each occurrence $4,000,000 during the current policy period · $500,000 each occurrence $1,000,000 during the current policy period Not purchased* * This coverage can provide you with valuable protection. To help you stay current with your insurance needs, contact your agent to discuss available coverage options and other products and services that can help protect you. Information as of June 8, 2018 Summary Named lnsured(s) Sterling and Jodi Starbird Mailing address 115 So Fourteenth St San Jose CA 95112·2129 Polic number 934 927 424 Your policy provided by Allstate Insurance Company Policy period Begins on April 1, 2018 Ends on April 1, 2019 Premium period Page 1 of 3 Beginning April 1, 2018 through April 1, 2019 at 12:01 a.m. Pacific Time Your policy change is effective June 7, 2018 Your Allstate agency is Lozon Ins Agency 1341 Lincoln Ave. San Jose CA 95125 (408) 292-0555 johnlozon@allstate.com Some or all of the information on your Policy Declarations is used in the rating of your policy or it could affect your eligibility for certain coverages. Please notify us immediately if you believe that any information on your Policy Declarations is incorrect. We will make corrections once you have notified us, and any resulting rate adjustments, will be made only for the current policy period or for future policy periods. Please also notify us immediately if you believe any coverages are not listed or are inaccurately listed. 0 ~ .,: CX) CX) 0 .,: u Important notices Policy number : !~9-3_4_9-27-42-4~! Policy effective date: April 1, 2018 POLICY PROVISIONS: Rates, Policy Forms and Payment of Premiums: Applicable only with respect to policies issued on a continuous basis. 1. The rates and policy forms i n effect for the company upon the inception date of the insurance evidenced hereby, and upon each successive anniversary date, shall apply. 2. The phrase "Policy Period" as used in the policy shall be deemed to mean that period of time while the applicable coverage of the policy is in force. 3. The named insured shall pay the required premium in advance of each successive premium period, and upon notice of interim amendments . IMPORT ANT NOTICE CONCERNING THE INSURANCE YOU MUST MAINTAIN (Not a part of the Policy) Please read the following provisions of the policy carefully: (1) Required Underlying Insurance It establishes the types of insurance and the limits you must maintain. If, during the policy period, additional liability exposures exist, check the list of Required Underlying Insurance on the policy declarations and secure any needed underlying coverage and limits. In the event that you fail to maintain the Required Underlying Insurance you may be required to personally incur or expend substantial sums of money for your legal defense and for payment of damages, and with respect to which Allstate has no obligation to pay or provide reimbursement to you. (2) Retained Limits It identifies the amount of any damages an Insured must pay for any occurrence. (3) In the event that additional exposures are acquired after the issuance of this policy, please notify Allstate of the additional exposure as soon as practicable. None of the terms and conditions of the policy are modified by this Important Notice. XC3621 Page 1 of1