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19-087 Anderson's Tree Care Specialists, Inc., Written Report on the Tree Failure Adjacent to 18940 Newsome Ave , Cupertino CITY OF PROFESSIONAL/CONSULTING SERVICES AGREEMENT CUPERTINO 1. PARTIES This Agreement is made and entered into as of May 20,2019 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Anderson"s Tree Care Specialists ("Contractor"), a Corporation for Written report on the tree failure adjacent to 18940 Newsome Ave Cupertino 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. a 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30,2019 ("Contract Time"),unless terminated earlier as provided herein. Contractor's Services shall begin on May 24, 2019 and shall be completed by June 30, 2019 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 $ 1800 ("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. 1 Project 18940 Newsome Ave Failure Report 2019 I Page 1 of 8 Professional/Consulting Contracts Mersion:May 22,2018 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits,worker's compensation or other benefits from the City. 5.2 Contractor's Qualifications.Contractor warrants on 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. k 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 18940 Newsome Ave Failure Report 2019 Page 2 of 8 Professional/Consulting Contracts Version:Mav 22,2018 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third parry 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 I Work Product, on recycled paper and copied on both sides, except for one single-sided original. a 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 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold Project 18940 Newsome Ave Failure Report 2019 Page 3 of 8 Professional/Consulting Contracts Nersion:Mav 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 13.1 General Laws. Contractor shall comply with all local, state and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. Project 18940 Newsome Ave Failure Report 2019 Page 4 of 8 Professional/Consulting Contracts/Version:Mav 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. i 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. I 14. PROJECT COORDINATION I City Project Manager.The City assigns Jonathan Ferrante 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 Doug Anderson as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor's Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of ' Services and the Schedule of Performance. Contractor must regularly update the City's Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be Project 18940 Newsome Ave Failure Report 2019 Page 5 of 8 Professional/Consulting Contracts/[version:May 22,2018 given reasonable time to assemble the work and close out the Services. With City's pre-approval in writing,the time spent in closing out the Services will be compensated up to a maximum of ten percent(10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises,Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration,the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action,files a complaint or cross-complaint, or pursues arbitration,appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. 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 18940 Newsome Ave Failure Report 2019 Page 6 of 8 Professional/Consulting Contracts/Version:Mav 22,2018 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. 'I 24. SEVERABILITY/PARTL4L 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 I 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 1 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: Anderson's Tree Care Specialists 10300 Torre Ave.,Cupertino CA 95014 12 1N.27th Street,San Jose CA 95116 Attention:Jonathan Ferrante Attention: Doug Anderson Email: Email:Doug@andersonstreecare.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. Project 18940 Newsome Ave Failure Report 2019 Page 7 of 8 Professional/Consulting Contracts/Version:May 22,2018 28. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right,power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement,which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONTRACTOR CITY OF CUPERTINO Anderson's Tree Care Specialists A Municipal Corporation Incorper ed By By__ "'we- Name Doug Anderson Name Roger Lee Title President Title Acting Public Works Director Date 5/22/2019 Datez'j Tax I.D.NO.: 71-1020425 APPROVED AS TO FORM: HEATHER M. MINNER Cupertino City Attorney ATTEST: OL GRACE SCHMIDT 5--3 6- cf City Clerk Project 18940 Newsome Ave Failure Report 2019 Page 8 of 8 Professional/Consulting Contracts/version:Mav 22,2018 <��a,,l:,as On Tree C Exhibit "A" • � fl CCRE IIoe0 Tree Care ,Gy ✓ Q9 S ecialists Inc. A L 121 N 27th St. I San Jose,CA 95116 CONFIDENCE Tel:(408)226-TREE(8733) I Fax:(408)281-8733 I Lic#705171 Proposal#12284 www.andersonstreecare.com Date:05/14/2019 City of Cupertino. Location: 18940 Newsom Ave 10555 Mary Ave ma in:408 777 3343 Cupertino,CA95014 Cupertino,CA95014 mobile: JonathanF@cupertino.org Terms 2019Oak Failure 18940 Newsom Ave 95014 Due on receipt ITEM • • •. • • 1) Report Writing-Valley Oak 1 $1,800.00 $1,800.00 Make site visit,evaluate tree condition,take photos,provide opinion on cause of tree failure.Presentfindings in written format. Location:Front All work will be completed in accordance with these plans unless subsequent SUBTOTAL $1,800.00 changes are agreed upon in writing.Balances not paid by the due date are subject to late fees. SALES TAX $0.00 Signature TOTAL $1,800.00 x Please sign here to accept the terms and conditions Item 1 I . AMERICAN r G CPUt\ON SOCIETY 61SC-Uq CON ULTING ARBOR STS Page lofl . y Exhibit B Final Tree failure report shall be submitted no later than June 30, 2019. In accordance with Proposal (exibit A). 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 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 advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location(ISO Form CG 25 03 or 25 04)or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be(i)the minimum coverage/limits specified in this agreement; or(ii)the broader coverage and maximum limits of coverage of any insurance policy,whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 01 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance,provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 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. O 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:YL 'W'c,_�A c.-+ 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 Additional Insured Status The City of Cupertino,its City Council, officers, officials, employees,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 10(11/85)or both CG 20 10 and CG 20 37 forms,if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insutmoe. 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 ofpremiums. 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 and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City's option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide,that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must 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 certificates and mandatory endorsements(or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time duringthe Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant's insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above,City shall be entitled to coverage for the higher insurance limits maintained byConsultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk,prior experience, insurer or other special circumstances,with not less than ninety(90)days prior written notice. Exh.D-Insurance Requirements for Design Professionals&Consultants Contracts Form Updated Feb. 2018 2 ANDETRE-02 GCHO ,acoRo° CERTIFICATE OF LIABILITY INSURANCE DAT/16/2D/YYYY) 416/2019 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 License#0757776 CONTACT Saengdao Vongpanya NAME: Santa Barbara,CA-HUB International Insurance Services Inc. PHONE HO No, 361-1018 FAx PO Box 3310 EXt):(805) (A/C,No): Santa Barbara,CA 93130-3310 E-MAIL saengdao.vongpanya@hubinternational.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:NOVA Casualty Company � 42552 INSURED INSURER B:Benchmark Insurance Company d° L�, 41394 Anderson's Tree Care Specialists,Inc. INSURER C P.O.BOX 2B INSURER D San Jose,CA 95109 INSURER E 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. INSR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR I D WVD MM DD MM DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 / CLAIMS-MADE X OCCUR ARBML1000008004 �� 4l1/2019 4/1/2020 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurrence $ X PD Ded: $1000/Occur MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Jr ]POLICY JECT LOC PRODUCTS-COMP/OPAGG $ 2,000'000 OTHER: $ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY Ea accident $ Ix ANY AUTO ARBML1000008004 4/1/2019 4/1/2020 BODILY INJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED X NON-OWNED (PROPERTY aced ntDAMAGE $ AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE ARBUM1000016401 4/1/2019 4/1/2020 AGGREGATE $ I 2,000,006 DED I X I RETENTION$ 10,000 $ i B WORKERS COMPENSATION STATU ----.��� AND EMPLOYERS'LIABILITY X TE ER ' ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X CST5014104 c� 10/8/2018 10/8/2019 1,000,000 / OFFICER/MEMBER EXCLUDED? Y N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Job Ref:Consultation Contract Agreement-Public Works The City of Cupertino,its City Council,officers,officials,employees,agents,servants,and volunteers are to be covered as additional insured on the General Liability policy with respect to liability arising out of Services performed by or on behalf of Contractor including materials,parts,or equipment furnished,per attached form(s)AGL01351117 as required by written contract. For any claims related to this Project,Contractor's insurance coverage shall be Primary and Non-Contributory with respect to City,its officers,employees and volunteers,and shall not seek contribution from City's insurance,per attached form(s)AGL01351117. Per Project Aggregate applies under the General Liability Policy,per the attached form(s)AGL03801110. SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y P ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:ARB—ML—10 0 0 0 0 8 0—04 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Descri lion Of Completed Operations Blanket as required by written contract . 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 is added to organization(s) shown in the Schedule, but only Section III —Linits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement;or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by This endorsement shall not increase the applicable law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 INSURED Policy Number:ARBML1000008004 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) AGGREGATE LIMN AND TOTAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The following is added to the Limits of Insurance shown in the Declarations: Designated Construction Project Aggregate Limit $ 1, 000, 000 (Other Than Products-Completed Operations) Total Aggregate Limit $ 5, 000, 000 (Other Than Products-Completed Operations) Designated Construction Project s : (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences"under SECTION I—COVERAGE A, and for all medical expenses caused by accidents under SECTION I — COVERAGE C, which can be solely attributed to operations at a single designated construction project shown in the Schedule above: 1. The Designated Construction Project Aggregate Limit as shown in the above Schedule is the most we will pay for each construction project designated in the Schedule above. 2. The Designated Construction Project Aggregate Limit is the most we will pay for the sum of all damages shown in the above Schedule under COVERAGE A, except damages because of "bodily injury" or"property damage" included in the"products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; c. Persons or organizations making claims or bringing"suits"; or d. Designated construction projects shown in the Schedule above. 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project Aggregate Limit for that designated construction project. The Designated Construction Project Aggregate is subject to the Total Aggregate. However, such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce the Designated Construction Project Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project Aggregate Limit. AGL03801110 Includes copyright material of Insurance Services Office,Inc. Page 1 of 2 with its permission. Policy Number:ARBML1000008004 COMMERCIAL GENERAL LIABILITY B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under SECTION l—COVERAGE A,and for all medical expenses caused by accidents under SECTION I — COVERAGE C, which cannot be solely attributed to operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit,whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project Aggregate Limit. C. The Total Aggregate Limit shown in the Schedule above is the most we will pay for all payments made under the Designated Project Aggregate Limit for all designated projects and all payments made under the General Aggregate. This includes: 1. Damages under COVERAGE A except damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard"; 2. Damages under COVERAGE B;and 3. Medical Expenses under COVERAGE C. D. When coverage for liability arising out of the"products-completed operations hazard"is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit, and will not reduce the General Aggregate Limit or the Designated Construction Project Aggregate Limit. E. Any payments made for damages because of"personal and advertising injury"sustained by any one person or organization under COVERAGE B, remain subject to the Personal And Advertising Injury Limit and do not apply to the Designated Construction Project Aggregate Limit. Such payments shall reduce the General Aggregate Limit and the Total Aggregate Limit. F. Any payments made for damages or medical expenses to which the Designated Construction Project Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the Designated Construction Project Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit nor shall they reduce the Designated Construction Project Aggregate Limit for any other designated construction project shown in the Schedule above,subject to the Total Aggregate. G. Any payments made for damages or medical expenses to which the General Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the General Aggregate Limit shown in the Declarations. Such payments shall not reduce the Designated Construction Project Aggregate Limit for any designated construction project shown in the Schedule above. H. If the applicable designated construction project has been abandoned, delayed, or abandoned and j then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. j I. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. i All other terms and conditions of the policy remain unchanged. AGL03801110 Includes copyright material of Insurance Services Office,Inc. Page 2 of 2 with its permission. I i Policy Number:ARBML1000008004 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY EXTRA ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION I — COVERAGES, COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended as follows: 1. EXPECTED OR INTENDED INJURY EXTENSION Paragraph a. Expected Or Intended Injury is deleted and replaced by the following: a. "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. NON-OWNED WATERCRAFT EXTENSION Subparagraph (2)of g.Aircraft,Auto Or Watercraft is deleted and replaced by the following: (2) A watercraft you do not own that is: a. Less than 52 feet long; and b. Not being used to carry persons or property for a charge; This provision applies to any person who, with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary,excess,or contingent. 3. PROPERTY SOLD OR ABANDONED BY YOU Subparagraph(2)of j. Damage To Property is deleted and replaced by the following: (2) Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises, and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was sold, given away or abandoned. 4. The last paragraph of 2.Exclusions is deleted and replaced by the following: Exclusions c.through n. do not apply to damage to premises while rented to you, or temporarily occupied by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke or leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as described in SECTION III—LIMITS OF INSURANCE. B. ADDITIONAL INSUREDS 1. SECTION II —WHO IS AN INSURED is amended to include, as an additional insured, any person(s) or organization(s) for whom a written contract or written agreement between you and such person(s) or organization(s) exists and requires such person(s)or organizations(s)to be added as an additional insured to your Policy, but only for liability arising out of "bodily injury", "property damage", or "personal and advertising injury". a. This endorsement applies only if the written contract or written agreement is: (1) Currently in effect or becomes effective during the term of this Policy; and (2) Executed prior to the"bodily injury","property damage",or"personal and advertising injury". b. The insurance afforded to such additional insured only: (1) Applies to the extent permitted by law;and (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. 2. The insurance provided to the additional insured by this endorsement applies as follows: a. The person(s) or organization(s) is an additional insured but only for liability caused in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with premises owned by or rented to you; or (2) In the performance of your ongoing operations. AGL01351117 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 with its permission. INSURED Policy Number:ARBML1000008004 COMMERCIAL GENERAL LIABILITY b. If the additional insured is an architect, engineer, or surveyor, this insurance does not apply to "bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders,designs or specifications; or (2) Supervisory,inspection,or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring,employment,training or monitoring of others by that insured, if the"occurrence" which caused the"bodily injury"or"property damage",or the offense which caused the"personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. c. If the additional insured is a lessor of equipment,this insurance only applies to liability caused, in whole or in part, by your maintenance,operation or use of equipment leased to you by such additional insured and does not apply to any"occurrence"which takes place after the equipment lease expires. d. If the additional insured is a state or governmental agency or political subdivision and has issued a permit in connection with premises you own, rent, or control,this insurance applies only with respect to the following hazards for which the state or political subdivision has issued such permit: (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners,or decoration and similar exposures; (2) The construction, erection, or removal of elevators;or (3) The ownership, maintenance,or use of any elevators covered by this insurance. e. If the additional insured is a state or governmental agency or political subdivision that has issued a permit or authorization with respect to operations performed by you or on your behalf, then this insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or"bodily injury", or"property damage"included within the"products-completed operations hazard". f. If the additional insured is a manager or lessor of insured premises, that person or organization is an additional insured only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to: (1) Any"occurrence"that takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor of insured premises. g. If the additional insured is a grantor of a franchise,that person(s)or organization(s) is only an additional insured with respect to liability as grantor of a franchise to you. h. If the additional insured is an owner or has some other interest in land that has been leased to you,that person(s) or organization(s) is only an additional insured with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. This insurance does not apply to: (1) Any"occurrence"that takes place after you cease to lease that land; (2) Structural alterations, new construction or demolition operations performed by or on behalf of the owner or other interest from whom land has been leased. L If the additional insured is a mortgagee, assignee, or receiver, that person(s) or organization(s) is only an additional insured with respect to their liability as such and arising out of the ownership,maintenance or use of the premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for that mortgagee, assignee, or receiver. j. If the additional insured has a controlling interest, that person(s) or organization(s) is an additional insured but only for their liability arising out of: (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy those premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that controlling interest. k. If the additional insured is a vendor, that person(s) or organization(s) is only an additional insured with respect to "bodily injury" or"property damage" arising out of"your products" which are distributed or AGL01351117 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 4 with its permission. INSURED Policy Number:ARBML1000008004 COMMERCIAL GENERAL LIABILITY sold in the regular course of the vendor's business, but only if this Policy provides coverage for"bodily injury"or"property damage"included within the"products-completed operations hazard". (1) This insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked under the instructions of the manufacturer for the sole purpose of inspection, demonstration, testing or the substitution of parts and then repackaged in the original container; (e) Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of"your products"; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of"your products"; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury"or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in subparagraphs(d)or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of"your products". (2) This insurance does not apply to any insured person or organization,from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. With respect to the insurance afforded to an additional insured as provided in Paragraphs B.I.and B.2.above, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement;or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. With respect to the insurance afforded to an additional insured as provided in paragraphs B.1.and B.2.above, this insurance shall not increase the applicable Limits of Insurance shown in the Declarations. If an Additional Insured endorsement is attached to this Policy that specifically names a person or organization as an insured, then the above Paragraph B. ADDITIONAL INSUREDS does not apply to such person(s) or organization(s). 4. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, is amended to include: As respects the coverage provided by this endorsement, regardless of whether other insurance is available to an additional insured on a primary basis, this insurance will be primary and noncontributory if a written contract between you and the additional insured specifically requires that this insurance be primary and noncontributory. C. SECTION II—WHO IS AN INSURED is amended as follows: BROADENED NAMED INSURED Paragraph 3.is deleted and replaced by the following: 3. Any business entity organized under the laws of the United States of America (including any state thereof, its territories or possessions), or Canada (including any province thereof) will qualify as a Named Insured if there is no similar insurance available to that business entity, provided that one or more Named Insureds shown in the Declarations have, at the inception of the policy period,an ownership interest in such business entity of more than 50%. However, if a Named Insured has an ownership interest in a business entity of more than 50%,the business entity will not be a Named Insured if such business entity is an insured under any other liability policy or would be an insured under such policy but for its termination or the exhaustion AGL01351117 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 with its permission. INSURED Policy Number: ARBML1000008004 COMMERCIAL GENERAL LIABILITY of its Limit of Insurance. D. Paragraph 6.of SECTION III—LIMITS OF INSURANCE is deleted and replaced by the following: Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under SECTION I—COVERAGES, COVERAGE A for damages because of"property damage"to any one premises while rented to you, or temporarily occupied by you with permission of the owner, when the damage is caused by fire, lightning, explosion, smoke,or leaks from automatic fire protective systems. E. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. KNOWLEDGE AND NOTICE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT The notification requirements of Paragraphs 2.a. and 2.b. Duties In The Event Of Occurrence, Offense, Claim Or Suit apply only when the'occurrence", offense, claim or"suit"is known to: a. You, if you are an individual; b. A partner or member if you are a partnership or joint venture; c. An officer or director if you are an entity other than a partnership, joint venture or limited liability company; d. A member or manager if you are a limited liability company; or e. An insurance manager, risk manager or other"employee"you designate prior to loss to give notice to us. Knowledge of an 'occurrence", offense, claim, or "suit' by your agent, servant or "employee" shall not in and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual knowledge. 2. FAILURE TO DISCLOSE HAZARDS The following is added to Paragraph 6.Representations: If you unintentionally failed to disclose all hazards or prior "occurrences" existing at the inception of this Policy, but reported such error or omission to us as soon as practicable after discovery, then we will not deny coverage under this Coverage Part because of such failure. This provision does not affect our right to collect any additional premium or exercise our right of cancellation or non-renewal. 3. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to paragraph 8.Transfer Of Rights of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization when such waiver is required by a written contract that you have agreed to prior to any"occurrence","suit'or the offense which caused the "bodily injury","property damage"or"personal and advertising injury", provided that the`occurrence","suit'or the offense which caused the"bodily injury","property damage"or"personal and advertising injury" arises out of operations contemplated by such contract.The waiver applies only to the person or organization designated in such contract. F. SECTION V—DEFINITIONS is amended as follows: 1. BODILYINJURY The definition of"bodily injury'in Paragraph 3. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. 2. PERSONAL AND ADVERTISING INJURY The definition of "personal and advertising injury' in Paragraph 14.b. is deleted and replaced by the following: Abuse of process; and malicious prosecution; All other terms and conditions of the policy remain unchanged. AGL01351117 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 4 with its permission. INSURED WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA------- We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.0 % of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is iss d subsequent to preparation of the policy.) Endorsement Effective Date: 10/8/2018 Policy No. CST5014104 Endorsement No. Policy Effective Dates: 10/08/2018- 10/08/2019 Premium $ Insured: Anderson's Tree Care Specialists, Inc. Carrier Name/Code: Benchmark Insurance Company A WC 04 03 06 (Ed. 4-84) Countersigned by Page 1 of 1 AGENCY CUSTOMER ID:ANDETRE-02 GCHO LOC#: 1 A O` ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#0757776 NAMED INSURED Santa Barbara,CA-HUB International Insurance Services Inc. Anderson's Tree Care Specialists,Inc. P.O.Box 213 POLICY NUMBER San Jose,CA 95109 EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: The Worker's Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees,agents, and subcontractors, per the attached form(s)WC040306. Note:This certificate replaces and voids the certificate previously issued on 03/19/2019. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 5/21/2019 NOVA Casualty Company-Company Profile-Best's Credit Rating Center NOVA Casualty Company A.M. Best#: 002708 NAIC#:42552 FEIN#: 161140177 Administrative Office View Additional Address 440 Lincoln Street Information Worcester, MA 01653-0002r'T United States A EkealloIYlt { Assigned to insurance Web: www.hanover.com companies that have, in our Phone: 508-853-7200 opinion, an excellent ability to Fax: 508-853-6332 meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058505 -The Hanover Insurance Group, Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A(Excellent) Affiliation Code: r (Reinsured) Financial Size Category: XV($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: June 07, 2018 Initial Rating Date: June 30, 1989 Long-Term Issuer Credit Rating View Definition i Long-Term: a Outlook: Stable ratings.ambest.com/CompanyProfile.aspx?ambnum=13866&URatingld=2928371&bl=0&AltSrc=9&PPP=&AltNum=0&Ext_User=&Ext_Misc=&Portal=0... 1/4 5/21/2019 NOVA Casualty Company-Company Profile-Best's Credit Rating Center Action: Affirmed Effective Date: June 07, 2018 Initial Rating Date: May 02, 2007 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Michael T. Venezia Director: Jacqalene Lentz, CPA Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information I i Disclosure Information Form i View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of The Hanover Insurance Group, Inc. and Its Subsidiaries June 07, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1989. Financial Strength Rating Effective DateRating 6/7/2018 A 5/25/2017 A 5/19/2016 A 5/22/2015 A 5/16/2014 A Long-Term Issuer Credit Rating ratings.ambest.com/CompanyProfile.aspx?ambnum=13866&URatingld=2928371&bl=O&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0... 2/4 5/21/2019 NOVA Casualty Company-Company Profile-Best's Credit Rating Center Effective Date Rating 6/7/2018 a 5/25/2017 a 5/19/2016 a 5/22/2015 a 5/16/2014 a Best's Credit Reports ,j Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 4/30/2019 (represents the latest significant change). {{ Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Date Title Jun 07, 2018 A.M. Best Affirms Credit Ratings of The Hanover Insurance Group, Inc.and Its Subsidiaries May 25,2017 A.M. Best Affirms Credit Ratings of The Hanover Insurance Group, Inc.and Its Subsidiaries May 19, 2016 A.M. Best Affirms Ratings of The Hanover Insurance Group, Inc.and Its Subsidiaries May 22, 2015 A.M. Best Affirms Ratings of The Hanover Insurance Group, Inc.and Its Subsidiaries May 16, 2014 A.M. Best Affirms Ratings of The Hanover Insurance Group, Inc.and Its Subsidiaries May 17, 2013 A.M. Best Affirms Ratings of The Hanover Insurance Group, Inc.and Its Subsidiaries Jun 12, 2012 A.M. Best Affirms Ratings of The Hanover Insurance Group, Inc.and Its Subsidiaries Jun 13, 2011 A.M. Best Affirms Ratings of The Hanover Insurance Group, Inc.and Its Subsidiaries May 28, 2010 A.M. Best Affirms Ratings of The Hanover Insurance Group, Inc.and Its Subsidiaries May 08, 2009 A.M. Best Upgrades Ratings of The Hanover Insurance Group, Inc.and Its Subsidiaries 1 2 Page size: 10 15 items in 2 pages Find a Best's Credit Rating Enter a Company Name FGo] Advanced Search ratings.ambest.com/CompanyProfile.aspx?ambnum=13866&URatingId=2928371&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0... 3/4 5/21/2019 NOVA Casualty Company-Company Profile-Best's Credit Rating Center How to Get a A+ BesVs Credit Rating Best's Credit Ratings Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. 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For additional information regarding the use and limitations of credit rating opinions,as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal& Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc.and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/CompanyProfile.aspx?ambnum=13866&URatingld=2928371&bl=O&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0... 4/4 5/21/2019 Benchmark Insurance Company-Company Profile-Best's Credit Rating Center Benchmark Insurance Company A.M. Best#: 011205 NAIC#:41394 FEIN#:486114880 Administrative Office View Additional Address RFmcid a 150 Lake Street W Information Wayzata, MN 55391 �EST United States A Elumflant Assigned to insurance Web: www.benchmarkinsco.com companies that have, in our Phone: 952-974-2200 opinion, an excellent ability to Fax: 952-974-2222 meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 046512 - BIC Holdings LLC is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A (Excellent) Affiliation Code: g (Group) Financial Size Category: Vill ($100 Million to $250 Million) Outlook: Stable Action: Upgraded Effective Date: May 09, 2019 Initial Rating Date: April 24, 1995 Long-Term Issuer Credit Rating View Definition Long-Term: a Outlook: Stable ratings.ambest.com/CompanyProfile.aspx?ambnum=2708&URatingld=2928371&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 1/4 5/21/2019 Benchmark Insurance Company-Company Profile-Best's Credit Rating Center Action: Upgraded Effective Date: May 09, 2019 Initial Rating Date: May 30, 2007 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Kevin J. Dorsey, AIAF Director: Joseph A. Burtone Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release AM Best Upgrades Credit Ratings of Benchmark Insurance Company; Assigns Credit Ratings to American Liberty Insurance Company May 09, 2019 Rating History A.M. Best has provided ratings & analysis on this company since 1995. Financial Strength Rating Effective Date Rating 5/9/2019 A 5/15/2018 A- 4/6/2017 A- 3/10/2016 A- 1/16/2015 A- 5/20/2014 A- ratings.ambest.com/CompanyProfile.aspx?ambnum=2708&URatingld=2928371&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 2/4 5/21/2019 Benchmark Insurance Company-Company Profile-Best's Credit Rating Center Long-Term Issuer Credit Rating Effective DateRating 5/9/2019 a 5/15/2018 a- 4/6/2017 a- 3/10/2016 a- 1/16/2015 a- 5/20/2014 a- Best's Credit Reports Best's Credit Report - Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 5/16/2019 (represents the latest significant change). 1 Historical Reports are available in Best's Credit Report Archive. r View additional news, reports and products for this company. Press Releases Date Title May 09, 2019 AM Best Upgrades Credit Ratings of Benchmark Insurance Company;Assigns Credit Ratings to American Liberty Insurance Company May 15, 2018 A.M. Best Revises Outlooks to Positive for Benchmark Insurance Company Oct 07, 2015 A.M. Best Revises Outlook to Negative for Greenpath Insurance Company May 10, 2013 A.M. Best Revises Outlook to Stable for Benchmark Insurance Company May 25,2011 A.M. Best Revises Outlook to Negative for Benchmark Insurance Company May 28, 2008 A.M. Best Revises Outlook to Stable for Benchmark Insurance Company Find a Best's Credit Rating PM—o (---, nl— ratings.ambest.com/CompanyProfile.aspx?ambnum=2708&URatingId=2928371&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 3/4 5/21/2019 Benchmark Insurance Company-Company Profile-Best's Credit Rating Center 7Go Advanced Search How to Get a A+ Best's Credit Rating ram' Best's Credit Ratings Mobile App (D European Union Disclosures A.M. 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