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15-115 Michael Bench for Arborist consultation services for Hamptons project CITY OF SHORT FORM AGREEMENT (Less than$5,000) CITY OF CUPERTINO 10300 Torre Avenue UPER"TINO Cupertino,CA 95014 408-777-3200 NO.2016- This Agreement,made.and entered into this 17th day of July,2015,(the"Effective Date")is by and between the City of Cupertino(hereinafter"City")and Michael Bench,7327 Langley Canyon Road,Prunedale,California 93907(hereinafter"Contractor"),in consideration of their mutual covenants,the parties agree as follows: A. SCOPE OF SERVICES.Contractor shall provide or furnish the following specified services and/or materials: Arborist consultation services for Hamptons project. Check box if services are further described in Exhibit A. Fx B. TERM:The services and/or materials furnished under this Agreement shall commence on July 17,2015 and shall be completed no later than October 16,2015. C. COMPENSATION: For the full performance of this Agreement, CITY shall pay Contractor a total amount not to exceed THREE THOUSAND TWO HUNDRED FORTY dollars($3,240.00),as set forth in Exhibit A. 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. Contractor shall comply with all applicable provisions of law, including,without limitation,Labor'Code Sections 1771, 1776, 1777.5 and 18;10. D. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: ❑X Exhibit"A"-Scope of Services and Compensation ❑Exhibit`B"-Compensation ❑Exhibit"C"-Special Requirements: GENERAL TERMS AND CONDITIONS 1.Hold Harmless.Contractor shall, to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims,actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out,pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees,officers,officials,agents or independent contractors. 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. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. 2. 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. 3.Assignment.Contractor may not assign,transfer, or subcontract this Agreement or any portions thereof, without prior written consent of City. 4.,Insurance. Contractor shall maintain the following insurance coverage, with the City as an additional named insured, and provide a Certificate of Insurance and Additional Insured Endorsement consistent with,the following requirements: (a) Workers' Compensation: Statutory coverage as required by the State of California. (b)Liability: Commercial general liability coverage in the following minimum limits: Page 1 of 3 Michael Bench Hamptons Project-7/17/15 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. (c)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 (d)Professional Liability:Contractors in regulated professions shall maintain professional liability insurance which includes coverage for the professional acts,errors and omissions of Contractor in the amount of at least$1,000,000. 5.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. 6.Termination of Agreement.In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If Contractor fails to cure the default within the time specified and according to the requirements set forth in City's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Contractor written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Contractor as provided herein. Upon receipt of any notice of termination,Contractor shall immediately discontinue performance. 7. Non-Discrimination. Contractor shall not discriminate against a job applicant, employee, City employee, or a citizen on the basis of race, color, national origin, ancestry, religion, gender, sexual orientation or other protected class of such person. 8.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. 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. 9. Permits and Licenses. Contractor, at his/her own expense, shall obtain and maintain during the term of this Agreement,all appropriate permits,licenses,and certificates including but not limited to a City business license,that may be required in connection with the performance of services under this Agreement. 10.Reports and Records.Each and every report, draft,work product,map,record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement, shall be the exclusive property of City. Contractor shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Contractor may retain a copy of any report furnished to the City pursuant to this Agreement. Page 2 of 3 Michael Bench Hamptons Project-7/17/15 Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times,and gives City the right to examine and audit same,and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three(3) years after Contractor receives final payment from City for all services required under-this agreement. 11.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: Tiffany Brown, Associate Planner, , Community Development Department In witness thereof,the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERT NO: � AVAAt- e� r/ RB_mIsr_ By: By: Title: 7"QR Title: Tax 1.D:. � APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HE ATE ACCOUNT NUMBER AMOUNT 100-71-701900-995 $3240.00 E A ROVED AS TO FORM DATE CITY CLERK: ATTES D T Page 3 of 3 Michael Bench Hamptons Project-7/17/15 Michael L. Bench, Consulting Arborist July 17, 2015 7327 Langley Canyon Road Prunedale, CA 93907 (831)594-5151 Proposal Prepared for: Tiffany Brown michaelbench;'bsbcglobal.net City of Cupertino Community Development Cupertino, California PROPOSAL By this proposal, Michael L. Bench, Consulting Arborist, offers to prepare a Tree Protection Plan concerning the existing trees at the Hamptons Development Site, Pruneridge Avenue, Cupertino, California. This review would include: 1. A review of the Arborist Report,prepared by James Clark, Hort Science, Inc. 2. A review of the Plans prepared for the re-development of this site. 3. The preparation of a Tree Protection Plan, based on the feasibility of retention the trees, which may be preserved, and based on the Proposed Plans. 4. The Tree Protection Plan would address construction procedures typical at most construction sites, and would address specific risks to individual trees posed by the plans. The charge for this service would be done on a time and materials basis at my hourly rate of$180.00 per hour, but not to exceed$ 3240. Should the architectural or civil plans be revised at a future date to the extent that a revised Arborist's Report would be required, revisions would be done, involving additional costs at my standard hourly rate of$ 180 per hour. Should subsequent meetings.be required, including phone consultations or email responses, additional costs would be required for these services at my standard hourly rate of$ 180 per hour. This proposal shall be effective for 90 days. I would expect payment in full within 30 days of the date of the invoice. If this would be acceptable, please sign and return to my office by mail or email. Respectfully submitted, Michael L. Bench, Consulting Arborist ISA, WC # 1897 American Society of Consulting Arborists Member Approval of this Proposal for an Arborist's Report: Name: Date: