13-086 Deborah Ellis, Agreement for Utility Trench Location Services and Tree Preparation/Protection Services for McClellan Ranch Environmental Education Center / OFFICE OF THE CITY CLERK
�. CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
194 TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
,
WEBSITE:www.cupertino.org
CUPERTINO
July 1, 2013
Consulting Arborist & Horticulturist
PO Box 3714
Saratoga, CA 95070
Attn: Deborah Ellis
Re: Agreement
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Brittany Carey
Senior Office Assistant
City of Cupertino
Enclosure
cc: Public Works
CITY OF
\rkt0)9/
AGREEMENT
CITY OF CUPERTINO
(,y � 10300 Torre Avenue
Cupertino, CA 95014 r rT�
CUPERTINO
408-777-3200 NO. ` U Cl
THIS AGREEMENT, made and entered into this 18th day of June, 2013 is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and Deborah Ellis, MS, Consulting Arborist &
Horticulturist,
Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Utility
trench location services and preparation of tree protection specifications for the McClellan
Ranch Environmental Education Center project
Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: N/A
TERM: The services and/or materials furnished under this Agreement shall commence on
Junel8th, 2013 and shall be completed no later than July 31, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Maximum amount not to exceed $1,800.00, without City written approval
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers
employed on a Public Works contract in excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers against any and all
liability, claims, stop notices, actions, causes of action or demands whatsoever from and against
any of them, including any injury to or death of any person or damage to property or other liability
of any nature, arising out of, pertaining to, or related to the performance of this Agreement by
Contractor or Contractor's employees, officers, officials, agents or independent contractors.
Contractor shall not be obligated under this Agreement to indemnify City to the extent that the
damage is caused by the sole or active negligence or willful misconduct of City, its agents or
employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's
choice, expert fees and all other costs and fees of litigation.
Subcontracting. Contractor has been retained cue to their unique skills and Contractor may not
substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior
written consent from City is obtained, only those people whose names are listed this Agreement
shall be used in the performance of this Agreement.
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Short Form Agreement
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent
of CITY.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be
considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall
look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City with
respect to the services of Contractor herein, a waiver of any right to subrogation which any such
insurer of said Contractor may acquire against City by virtue of the payment of any loss under such
insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or
without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or
without cause with a seven (7)-day written notice.
Non-Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, ancestry, religion, gender or sexual
orientation of such person
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Short Form Agreement
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. City shall have no right of control as to the manner
Contractor performs the services to be performed. Nevertheless, City may, at any time, observe
the manner in which such services are being performed by the contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances
including, but not limited to, unemployment insurance benefits, FICA laws, and the City business
license ordinance.
Changes. 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:
NAME:Carmen Lynaugh, 408-777-3215 DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties
have executed this Agreement the day and year first written above.
CONTR CITY OF UPERTINO:
By By etivvv-M- I
Title: Principal CarmenLynaugh,Publi: Works •rolectManager
APPROVALS _EXPENDITURE DISTRIBUTION
DEPARTME D DATE ACCOUNT NUMBER AMOUNT
CITY f c `420-9133-9300 $ 1,800.00
RNEY APP OVED S TO FORM DA E 1/1/4/740
(I) 3-10
CITY CLERK: ATTEST DATE
CYAS (did/3
-
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Short Form Agreement