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15-059 4Leaf Inc., for CASp inspection and report on McCLellan Ranch Environmental Education Center, Blacksmith Shop CITY OF', AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 �( -7 CUP,ERTtNO 408-777-3200 NO. 2(!2t -'4 ` THIS AGREEMENT, made and entered into this 1st day of June, 2015 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and 4Leaf, .Inc., a California .corporation, whose ..address is 2110 Rheem Drive, Suite A, Pleasanton, CA 94588 (telephone: 925-462-5959; fax 925- 462-5958 _(Hereinafter 25-462-5958_(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: CASA inspection and report on the McClellan Ranch.Environmental Education Center, Blacksmith . shop relocation, Milkbarn restroom modifications project, to also include all new site concrete. Report to include recommendation of any repairs needed to be.compliant. Check box if services are further described in an Exhibit. 0 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 June 8, 2015 and 'shall be completed no later than June 26, 2015. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: For a maximum compensation amount of$4,900 to be billed at time and materials. 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 due 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. _. Assignment. Contractor may not assign or transfer this.Agreement, without prior written consent of CITY. Page l of 3 . . Short Form Agreement 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 State of California. (2) Liabili Commercial general liability coverage in the following minimum limits: Bodily Injury: $500;000 each occurrence $1,000,000 aggregate- all other Property.Damage: $100,000 each occurrence $250,000 aggregate. If submitted, combined single limit policy with aggregate limits:in the amounts of .. $1,000,000 will be considered equivalent to the required minimum limits shown above. Q) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence. .Property Damage: $100,000 each occurrence: or Combined Single Limit: $500,000.each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. 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 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 Page,2 of 3 Short Form Agreement 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-suoh 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: Carmen Lynaugh, Public Works Project Manager, 408-777-3354 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. CONTRA 0 CITY, F CUPERTINO: _. By By i - Title Title: Public Works Pro ect Mana Jd APPROVALS EXPENDITURE DISTRIBUTION DEPART _ AD DATE ACCOUNT NUMBER AMOUNT 420=90-880-900-905-MRP 001-03-03 $4,900.00 C RNEY AP WOVED A TO FORM DATE - CITY CLERK:: S , DATE Page 3 of 3 Short Form Agreement 4LEAF-1 OP ID: P3 ACORO® DATE(MM/DDIYYYY) ��- CERTIFICATE OF LIABILITY INSURANCE 06/01/2015 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 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: Renee Rice Granite Insurance&E-COMPPHONE 925-462-8400 FAIC No:925-462-8888 6600 Koll Center Parkway#100 AIC No Ext Pleasanton,CA 94566 ADDRESS:rrice@graniteins.com Renee Rice INSURERS AFFORDING COVERAGE NAIC# INSURER A:Travelers Indemnity Co of Conn 25682 INSURED 4LEAF,Inc. INSURER B:American Fire&Casualty 24066 2110 Rheem Drive,Ste.A INSURERC:State Compensation Ins.Fund 35076 Pleasanton,CA 94588 INSURER D:National Union Fire Ins.Co PA 19445 INSURER E:Alterra Excess&Surplus Ins C 33189 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 ADDTYPE OF INSURANCE IVSD WVDSUBPOLICY NUMBER MMIDDIYYYY MM/DD/YYYY LIMITS LICY EXP LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE FRI OCCUR 68080544948 04/09/2015 04/09/2016 DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 23000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY F JECT LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B X ANY AUTO BAA(16)56458228 04/09/2015 04/09/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOSAUTOS Per accident P I $ X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 3,000,000 D EXCESS LIAB CLAIMS-MADE EBU024548241 04109/2015 04/09/2016 AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATIONPER H- AND EMPLOYERS'LIABILITY STATUTE ER C ANY PROPRIETOR/PARTNER/EXECUTIVE Y/❑N N/A 9009868-15 04/09/2015 04/09/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY.LIMIT $ 1,000,000 E Professional MAX7PL0001704 04/11/2015 04/1112016 Limit 2,000,000 Liability Retention 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION CICUPE1 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. Attn:Albert Salvador, P.E. 10300 Torre Avenue AUTHORIZED { REPRESENTATIVE Cupertino,CA 95014 r ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD