12-002 Michael Bench, Arborist Review for Apple Campus 2 Project CITY OF AGREEMENT
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�J' CITY OF CUPERTINO
SST.19
10300 Torre Avenue
3 Cupertino, CA 95014 •�'�—
CUPERTINO � 408-777-3200
BY THIS AGREEMENT, made and entered into this 22nd - day of November, 2011, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Michael Bench
Address
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Arborist Review for the
Apple Campus 2 Project
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit 1
TERMS: The services and/or materials furnished under this Agreement shall commence on 11/22/2011
and shall be completed before 06/30/2012 .
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: See Exhibit 1
GENERAL TERMS AND CONDITIONS
Hold Harmless Contractor agrees to save and hold harmless the City, its officers, agents and employees from any
and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused
by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing
services described herein.
Insurance Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance
before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination No discrimination shall be made in the employment of persons under this Agreement because of
the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor It is understood and agreed that this Agreement is not a contract of employment in the sense
that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be
deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other
obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of City.
Changes This Agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be: ENTERED
NAME Piu Ghosh, Associate Planner DEPARTMENT Community Development
This Agreement shall become effective upon its execution by CITY, in witness thereof; the parties have executed this
APPROVALS EXPENDITURE DISTRIBUTION
DEPA M NT ie•D// 1 DATE � jj / ACCOUNT NUMBER AMOUNT
�7 ., i Shriva t-va � �'4l`J 110-2211, BS 15148 9,700.00
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CITY OF CUPERTINO
RECEIPT NUMBER: BS000015148
RECEIVED BY: TRACIC PAYOR: APPLE, INC
TODAY'S DATE: 12/06/11 REGISTER DATE: 10/25/11
TIME: 16 :13
5
TREE REMOVAL 1ST TREE APPLE CAMPUS 2 $165.00
TREE REMOVAL ADD TREES $286, 350.00
REFUNDABLE DEPOSIT ARBORIST DEPOSIT $25, 000.00
MISC REVENUE 10% ADMIN FEE ARBOR/LSA $39,357.00
MISC REVENUE EIR/NOTICING EXPENDITURES $7, 177.73
TOTAL DUE: $358, 049.73
CHECK $286,515.00 REF NUM: 0002151033
CHECK $71,534 .73 REF NUM: 0002147505
TENDERED CHANGE
$358, 049.73 $ . 00
EXHIBIT A
Michael L. Bench, Consulting Arborist November 21, 2011
7327 Langley Canyon Road
Prunedale,CA 93907
(831) 594-5151 cell
(831) 663-0373 Fax
michaelbench @sbcglobal.net
Subject: Apple Campus 2 Project
PROPOSAL
By this proposal, Michael L. Bench, Consulting Arborist, offers to provide a Peer Review
of the trees within the proposed project area known as the Apple Campus 2. Unless
otherwise directed, the focus of this review would include primarily the following groups
of trees:
1. Designated Specimen Trees
2. Trees Planned for Transplant, including the feasibility and suitability of those
trees selected for transplant and recommendations for substitute specimens if /
requested.
3. Trees Planned for Preservation, including the preparation of a Tree Protection
Plan or the review of a Tree Protection Plan prepared by other professionals.
For this service I propose to bill at my standard hourly rate of$150.00 per hour, as
described in my rate schedule, but not to exceed $ 5200.
This review would be presented to the City of Cupertino on or before December 31,
2011.
PROPOSAL—B
By this proposal "B", Michael L. Bench, Consulting Arborist, offers to provide
consultation and oversight of the protection and preservation of trees during the
construction process. Unless directed otherwise, I recommend this service include, but
may not be limited to the following tasks:
1. Preparation of"Specifications for the Transplant of Trees" or a review of the
"Specifications for the Transplant of Trees"prepared by other professionals.
2. Review and Consultation of Construction practices and procedures, which pose a
threat the viability of the designated"Protected"trees, including
recommendations for remediation or mitigation of damage.
3. Review and Consultation concerning practices related to the boxing and the care
of the trees boxed and stored for ultimate replanting into the new landscape.
4. Review and Consultation concerning the Landscaping practices within the root
zones of the Preserved Trees in an attempt to assure their long term sustainability.
5. Review and Consultation concerning the planting of Replacement Trees within
the new landscape in an attempt to assure their retention and viability.
For this service I propose to bill at my standard hourly rate of$150.00 per hour, as
described in my rate schedule, for the maximum of 10 hours monthly or a maximum of
$1500 in a single month.
Respectfully submitted,
Michael L. Bench, Consulting Arborist
ISA, WC # 1897
American Society of Consulting Arborists Member