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19-041 Michael L. Bench, Arborist Consultant for Vallco Project CITY OF PROFESSIONAL/CONSULTING SERVICES AGREEMENT or_a.. C:UPERTINO 1. PARTIES This Agreement is made and entered into as of November 26, 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and 4 Michael L Bench ("Contractor"), 1 a sole proprietorship/individual for arborist consultant for the Vallco 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, 2020 ("Contract Time"), unless terminated earlier as provided herein. Contractor's Services shall begin on April 11, 2019 and shall be completed by June 30, 2020 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 $ 15,000 ("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 Arborist for Vallco application Page 1 of 8 Professional/Consulting Contracts Mersion:May 22,2018 5. INDEPENDENT CONTRACTOR 'i 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 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 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 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 Arborist for Vallco application Page 2 of 8 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 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 I 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active j negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold Project Arborist for Vallco application Page 3 of 8 Professional/Consulting 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-parry 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 i 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. i I Project Arborist for Vallco application Page 4 of 8 Professional/Consulting Contracts/Version:May 22,2018 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 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 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 Piu Gosh. Principal Planner 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 Michael L Bench 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 orpostpone 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 Arborist for Vallco application I 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. 1 16. TERMINATION a 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. 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 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 Arborist for Vallco application 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. j 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/PARTIAL 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 certified, or the next business day following electronic submission: To City of Cupertino To Contractor: Michael L Bench,Consulting Arborist 10300 Torre Ave.,Cupertino CA 95014 Attention:Piu Gosh Attention: Michael Bench Email: piug@cupertino.org Email: 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. Project Arborist for Vallco application Page 7 of 8 Professional/Consulting Contracts/Version:May 22,2018 28. EXECUTION 4"he 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 Agreetnent to be executed. C� CONTRACTOR CITY OF CU)PERTINO A Municipal Corporation B-Ay B Name Berriamin 1,'u 'Fit 1eJAk5_A&(A*)'? "Fide Inlefini Cornin Dec� Director \J Date ;711�---t Date.�...(..1..._��..aj Tar L D. Xo: — APPROVE I) AS TO FORM: IffiATHER M. MINNIAZ Cupertino City Attorney ATTEST: GkACE SCUN/114F City Clerk Project Arbomt fcjr Va1lco.3poiCation Prepared for: City of Cupertino Planning Department Attention: Piu Ghosh, Senior Planner Michael L. Bench, Consulting Arborist October 5, 2018 Subject: Vallco Redevelopment Proect Wolfe Road and Stevens Creek Boulevard Cupertino, California PROPOSAL By this proposal, Michael L. Bench, Consulting Arborist, offers to provide inspections and oversight concerning the protection and preservation of the existing trees, which have been slated to be retained and preserved, during construction. This service would include: 1. Regular inspections of compliance with the Tree Protection Plan for the re- development project. These inspections would typically on a monthly basis unless otherwise directed by the City of Cupertino planning department. 2. A written report of each inspection would be provided to Piu Ghosh, Senior Planner, City of Cupertino,within 5 working days of site inspections. 3. Recommendations for mitigation of impacts to trees would be included with written reports, as warranted for preservation. 4. Inspections concerning specific concerns expressed by Piu.Ghosh,may be done in addition to the regular inspections, if requested. Written reports would be done additionally to the monthly reports, as required. The developer and/or contractor must provide complete access to the trees, slated to be preserved, for these inspections. Unannounced inspections may be done. My fee for this service would be billed on a"Time and Material"basis at my standard hourly rate of$ 180 per hour, but not to exceed$15,000 for two years. Respectfully submitted, Michael L. Bench, Consulting Arborist ISA, WC # 1897 American Society of Consulting Arborists Member Approval to Proceed with an Arborist's Report as described in this document: Prepared by Michael L. Bench,Consulting Arborist 1 f Name: Date: 3 I',41,2,a 1 I 1 i I Prepared by Michael L.Bench,Consulting Arborist 2 EXHIBIT D 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 MINIMUMS REQUIRED G 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and 1 advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a I general aggregate limit applies, either the general aggregate limit shall apply separately to this 1 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. i h 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. 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 of no less than$1,000,000 per occurrence for bodily injury or disease. J Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, 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 maintained 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 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-Insurance Requirements for Design Professionals&Consultants Contracts Form Updated Feb. 2018 1 Z 8I0Z 'Ra i pa;vpdn uuod s;avdluoD s;uv;pnsuoD :y sjvuopssafo rd u.;�zsaQ iof sluawaxnbay aouv insul-Q qxg •aoTlou ualPlnm aoiad sXt,p (06),flauiu ut,gi ssol Iou giim`soouulstunonio luioods aaglo no aaansui `aouauodxa noud 13Isu 3gi3o onnit,u aqI uo post,q aBunanoo/sluauzaninban aout,nnsm asogl Xipoul of itou aqi san.Tasaa)�4iO affvjanoj•fo f'avnbapV •lulallnsuoO,�q poult,luit,ul siiuul oout,xnsui nagSTg oql noj aSunanoo of paliilua oq Ilugs XiTD`anogt,umogs sumuzruiut agl ut,gi silTUTl nagoTg no/put,agt,.Tanoo napuonq suiuiuiuul luvilnsuoD jl sM"!-I aauvdnsul.ragkzg salollod aout,nnsul s�iut,llnsuoogns uo pannsui It,uoilippt,uu su�i�agI BuiuTt,u 2uTpnlouT `Iot,niuo�stgl jo sluauzaainbaa oql iaaui iugl oouuansm uluiulmi siuuilnsuoogns Ilu lugl XJinan puu annban Ilugs Iut,llnsuoD s;uv;lnsuoagn,S •ulnal iou.Tlu03 agl2uunp aunt Xuu It,aouuilduloo jo uoiit,ogTnan puuuzap oI lgpu aql sureiaa)�41D •iouniuoD aqI jo luautaoum uzoo of zoud sluauzasnopua Xoilod IIt,guilSTI Xollod'IJD aqi jo aSud ivauzasaopug puu suoilt,nt,loaQ aqI jo Moo t, put, `(loualuoD sigl Xq pa.Tinban 32un3no3 agi EuiioaJJa sopilod aql jo saTdoo no) sluouzasiopua fjolt,puuui put,salt,ogilnao aout,msui alquidaoou gsltunj isnuz luullnsuoD agv sanoJ•fo uoT;vaMMOA •nailaq.To `IIA-V JO SuTIMd isag •W•d uu giim uTuio3TluD ui ssouisng op oI pasuaoTI aq Isnul snannsui saa insul f o 4!j!gv;daaaV •X4iO aqI no poinsuT aqi.zaglia Kq pagsilt,s aq Kt,uT uolluaiaa paansui jlas agl It,gi`apinoad of pasaopua aq ao `apinond Ilugs Xollod agZ •sosuodxo asuopp puu uoiiunisiuiuTpt, unulo `suoiit,2IlsanuT polulaa sisoo puu sassol ud of fglligt, jo joond mops isnul luullnsuoD no `.spannsul lt,uoiiippV/f4iD aqI sloodsan su suoiiuolan painsuiglos no ojgponpop aqI ait,un. up no oonpaa Isnuz aannsul oql uo-po `uoildo s,f4jo IV •XIID aqi Xq panonddu put, of pont,loop oq IsnuT uoilualaa poinsutglas ao algpnpap XuV suoz;ua;ag painsuj-pa,S puv salgp;anpoa •nannsm aqi uzoij ivauiosjopuo uoilu2ozgns jo nanit,m u panTaoaa st,q filD aqI IOU ao aagiagm Jo ssalpnuOan sailddt,uoisTnond siq i, •sluullnsuoogns put, slu32v `sooXolduza siT `luullnsuoD Xq poumpod 3Inom Ilu noj fqiD do nont,j ui uoTlt,Songns jo nanmm u giim posnopuo oq Ilugs XOTIod uoilusuoduToD �snalaorn aqI `fIluogioodS •uia.Taq pa.unbaz sopilod oouu.TnsuT agl Xq pananoo ant, sassol plus ivaixa aqi of sa&t,urt,p Jo �S.Tanooan noj spannsui Iuuoiitpp`T/fii� 1slziu�t, uollt,�ongns oI Iglu hut, sanTt,m luullnsuoO uol;vfo igns,fo JanzvM •suinTUTand o uaul�iud-uou o an T aoutm t,uI sXv no aouun t,uT s�it,p 0£1410 of aoiiou . 3 I 1 P�. P P Oi P uaiipm TIIlm idooxo `anidxa of pomollu no palaouvo oq jou Ilt,gs 32unan00 Iugi aluis Ilugs Xorlod aout,znsuT got,g i uol;v11aauv,7fb aaz;oAr •Ii of oingpluoo jou Ilugs puu ! oout,insui s,lut,llnsuoD jo ssooxa oq Ilt,gs saaalunlon no `sooXoldula `sluiogjo `snaogjo siT `XIID Xq pouTBlutuux oouuznsul-Ilas no aouunnsuT XuV •aouumsul X.Tt,uund oq Ilugs spamsul Iuuoiiippv/Xl!D of papnoJJt, a&t,nanoD . a�vrano� cL�vusud -(porn aau suoiiipa aalt,l3i `suuOJ L£ OZ JD Puu Oi OZ JD gloq no (S8/11)Oi OZ JD uuod OSI st, puonq st,Isuol It,)oouunnsuT s,luuilnsuoD of luauzasjopua uu jo UUOJ aql uT papino.Td aq uuo aDt,nanoo, lliqui"I s luaauoD •Xoilod ZOO s,iuullnsuoD uo spannsuT Iuuollippu st,paaanoo Qq of On («spaansul luuotllppV„) snaalunlon puu slut,nnas `sluoiN `sooXoldLuo `sluiogjo `snaogjo `liounoD CIT0 sii `ouilnadnD jo,�jiD aqZ sn;v;,S pa rnsul ivuoz;lppV DATE(MM/DD/YYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE 11/15/2018 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 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 CONTACT NAME: Tim Walsh FAX Los Gatos Insurance Services PHONE 408 356-6747 ( ) 408-356-6838 A/C,No,Ext), � � AIC,No 451 Los Gatos Blvd ADDRESS: tim@insurlg.com 2nd Floor INSURER(S)AFFORDING COVERAGE NAIC# Los Gatos CA 95032 INSURER A: Sentinel Insurance Company Ltd 11000 INSURED INSURER B: United States Liability Ins Cc 25895 MICHAEL BENCH CONSULTING ARBORIST INSURER C: INSURER F: 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. AIJULbUtSKI POLICY FIFF POLICY EXP rAA TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FXOCCUR PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 Y Y 09/01/2018 09/01/2019 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY F—]JECT PRO LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY (Ea accident) $ 2,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 09/01/2018 09/01/2019 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED $ X AUTOS ONLY X AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ LlEXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ ORKERS COMPENSATION PER I E ND EMPLOYERS'LIABILITY Y I N STATUTE R ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ LIMIT 2,000,000 B E&O 09/01/2018 09/01/2019 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Cupertino,including its City Council,boards and commissions, officers,officials,agents,employees,consultants and volunteers arc named as additional insured.30 day notice of cancellation except 10 day notice for non-payment of premium.Waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF CUPERTINO ACCORDANCE WITH THE POLICY PROVISIONS. 10300 TORRE AVENUE AUTHORIZED REPRESENTATIVE CUPERTINO,CA 95014 T�,ew �nJa(yyv ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 575BMBG9512 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED 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): Location(s) Of Covered Operations City of Cupertino,including its City Council,boards and commissions,officers,officials,agents,employees,consultants and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A Section II Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage' or "personal and advertising injury" 11 property damage" occurring after: caused, in whole or in part, by: 1 . All work, including materials, parts or equip- 1 . Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. 2. That portion of "your work' out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Pagel of 1 ❑ Con tractor/Consultant Affidavit of No Employees State of California Coitnti� of Santa Clara City of Ctipertino 1, the undersigned, declare as follows: I am an independent contractor and the owner of 1111MA&L Z. 84AXY 41' I wish to enter into a services contract with the City of Cupertino. I am fully aware of the provisions of section 3700 of the California Labor Code, which requires every emiployer to provide Workers' Compensation covera.�(-, for employees in accordance with the provisions of that Code. t am also aware that I must provide proof of workers' compensation insurance to the City of Cupertino for any and all employees*1 may have,pursuant to Section 12 of the City of Cupertino's contract. 1. hereby certify that I do not have any employees nor will I have any employees working for me or my bUsiness during the term of any service contract with the City of Cupertino. I am not required to have Workers' Compensation insurance. I declare under penalty of perjury under the laws of the State of California. that the foregoing is true and correct. Executed on this day of g&rfAdJV& 2018, at PkMeZ ALCalifornia. --- ....... Cal .PRINTNAMI�, SIGNATURE 0-4-41 Declaration of Sole Proprietorship DECLARATION AND ADDENDUM TO A[A.c('.)NTRAC'1S ENTERFD INTO OR BID A WAIZD EDTO: hereinafter "Organization" F*or the purpose of inducing the City of Cupertino("City") to enter into ariv contracts with Organization, or to go forward with any contracts awarded to Organization, I declare as follows: I am the authorized representative of Organization, an independent contractor for they purposes of workers' compensation and labor laws in the State of California.This, Organization will hire no employees for work required for any bid awarded or any contract entered into with the City, All work required will be performed personally and solely by me. If the Organization hires omployees to perform this contract or any portion thereof, the Organization shall obtain workers'compensation insurance and provide proof Of such coverage to the City. If the Organization hiresit subcontractor to perform this contract or any portion thereof, and the subcontractor has employees, then the Organization shall require its subcontractor to obtain workers' compensation insurance coverage. In the alternative, the Organization shall obtain tN,orkt.,i-s'coi-npetisatiicyn insurance coverage on be of the subcontractor's employees. Thjtt document constitutes a declaration by the Organization against its financial interest, relative to any claims that it mavassert Linder the applicable workerscompensation and/or labor laws against the City relating to anv bid awarded or contract entered into with.this Organization.Tbe Organization shall defend, indemnify and hold harmless the City from -my and all liability, (Jaims, demands,causes of action, charges, darnages, injuries, fees including attorney fees,costs and expense that may lie asserted or established by any person or entity in the event the Oq,';anization hires an employee in violation of this addendum, I agree that this declaration shall constitute anaddendLIM to any bid awarded or any contract entered into i-vith this Org ,anization. I declare under penalty of perjury under the laws of the State of California, that they foregoing is true and correct. D A TIE- AUTFIORIZED IRESPRESENTATIVE Revised, 01.05,18 .......... ..............